Kimberly K. Bocell
Kimberly Bocell is a former registered nurse whose law practice is focused on assisting healthcare providers in all facets of health law, including defending health care providers in medical practice litigation and in front of their respective professional boards, as well as assisting with practice issues, business disputes, HIPAA compliance and a host of other health law areas. Bocell graduated from Texas Christian University's Harris College of Nursing in 1998 and earned her J.D. from the University of North Carolina School of Law in 2003.

Being Informed on ‘Informed Consent’

My previous blog entries have discussed how effective medical documentation, a good bedside manner, and a sound office staff can help diffuse potential medical malpractice lawsuits and build a strong practice. My next two installments focuses on another fundamental key for healthcare professionals: obtaining a patient’s informed consent, and ensuring that your patient-consent process is adequate under the law. The purpose of adequate informed consent is twofold: obtaining legal permission to perform the procedure, and making sure the patient is aware of the risks inherent to the procedure. The first purpose of informed consent—obtaining permission—is pretty straightforward.  Under Texas law,… Full Story

Bedside Manner, Office Staff Can Stem or Stir Patient Lawsuits

My last column discussed the legal problems that medical documentation can cause for health care providers. This installment focuses on how an effective bedside manner and a strong medical office staff can help you avoid litigation and improve quality of care. Bedside Manner: The Dr. Marcus Welby Factor I have defended numerous medical malpractice lawsuits that stemmed from a single, bad conversation or interaction between a patient and his or her physician. Even physicians and other health care providers have bad days or personal issues that seem to roll over into their work life. The problem is that patients expect the… Full Story

Avoiding Legal Pitfalls in Your Healthcare Practice

What to write, or what not to write, that is the question. Knowing the right answer can help healthcare providers avoid substantial legal pitfalls, as well as the considerable costs associated with defending a medical malpractice lawsuit. Just as proper documentation can help prove that you have met the medical standard of care, the lack of documentation provides a perfect opportunity for a plaintiff’s lawyer to convince a jury otherwise. That is why it is crucial to know what should be documented and how to chronicle your efforts on behalf of patients. Whether you are simply striving for better practice… Full Story

Healthcare Reform—A Legal Perspective for Physicians

Most would agree that the nation was taken by surprise on June 28, 2012, when the U.S. Supreme Court largely upheld the biggest healthcare overhaul of the last 50 years. Since its inception, the Patient Protection and Affordable Care Act (ACA) has stirred controversy among consumers, physicians, insurers and politicians. The combined federal lawsuit, National Federation of Independent Business v. Sebelius, resulted from a culmination of claims brought by several individuals, 26 different states (including Texas) and the National Federation of Independent Business. The plaintiffs challenged the constitutionality of both the individual mandate requiring Americans to purchase insurance to forego… Full Story