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I couldn't access it. I tried but must have done something wrong. Perhaps others had the same problem.

Rian Mintek MD

Allegan, MI

PS Mine is a PLLC (professional LLC)

Practice Types

I thought this poll would automatically send out the results when it closed over the weekend, but it didn't.

Below is a graphic of the final results.

Not a very good showing (31 of 342 members responded), but interesting nonetheless.

Locke, MD

No virus found in this incoming message.Checked by AVG Free Edition.Version: 7.1.392 / Virus Database: 268.5.6/340 - Release Date: 05/15/2006

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I couldn't access it. I tried but must have done something wrong. Perhaps others had the same problem.

Rian Mintek MD

Allegan, MI

PS Mine is a PLLC (professional LLC)

Practice Types

I thought this poll would automatically send out the results when it closed over the weekend, but it didn't.

Below is a graphic of the final results.

Not a very good showing (31 of 342 members responded), but interesting nonetheless.

Locke, MD

No virus found in this incoming message.Checked by AVG Free Edition.Version: 7.1.392 / Virus Database: 268.5.6/340 - Release Date: 05/15/2006

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As I mentioned before, I sure hope those 7

people that responded as “sole proprietor” are either mistaken or

have checked with a good health care attorney because that is supposedly an

absolute no-no, unless you want to risk everything you own.

Practice Types

I thought this poll would

automatically send out the results when it closed over the weekend, but it

didn't.

Below is a graphic of the

final results.

Not a very good showing

(31 of 342 members responded), but interesting nonetheless.

Locke, MD

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I did not respond to the poll. Been too busy to even read the messages.

But this one caught my eye. I am a sole proprietor. Five years ago, when

setting all of this up, I did consult an attorney and an accountant

about the best type of practice to set up. I was advised to just take

the sole proprietor route. When I asked about liabilities, I was told

that in my state, even as a small corp, litigants had successfully

argued that personal assetts should be reach-able, since the solo dr. is

the corp and the corp is the solo doctor. I was told that this probably

wouldn't matter, but we put the house in the wife's name anyway, just to

be safe. So maybe the risk of being a sole proprietor varies from state

to state?

Greg

Brock DO wrote:

> As I mentioned before, I sure hope those 7 people that responded as

> “sole proprietor” are either mistaken or have checked with a good

> health care attorney because that is supposedly an absolute no-no,

> unless you want to risk everything you own.

>

>

>

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I'm not sure, but the rules may vary state to state. In a book I have called

" The Doctor's Wealth Preservation Guide " by Roccy DefRancesco, JD (health

care attorney) he says:

" sole proprietorships are the second worst way to own or run a business

behind a partnership. With a sole proprietorship there are no barriers

between the business done and the individual running/owning the business . .

.. If a sole proprietor acting on behalf of his business commits negligence

in his duties for the business that causes injury to a third person, the

sole proprietor is personally liable for any and all injuries to that third

person . . . if an employee of the business harms a third person when acting

within the scope of his/her employment, the sole proprietor is personally

liable for the injury . . . if someone is harmed on the business premises

(say for a slip and fall injury), the sole proprietor is personally liable

for the injury . . . all of the sole proprietor's personal and business

assets are subjects to claims by the creditors (the people who sued the sole

proprietor's business). I'll make this short-don't ever be a sole

proprietorship. "

And this author is an experienced health care attorney. This book is

recently published & he makes no mention of state to state variations.

Re: Practice Types

I did not respond to the poll. Been too busy to even read the messages.

But this one caught my eye. I am a sole proprietor. Five years ago, when

setting all of this up, I did consult an attorney and an accountant

about the best type of practice to set up. I was advised to just take

the sole proprietor route. When I asked about liabilities, I was told

that in my state, even as a small corp, litigants had successfully

argued that personal assetts should be reach-able, since the solo dr. is

the corp and the corp is the solo doctor. I was told that this probably

wouldn't matter, but we put the house in the wife's name anyway, just to

be safe. So maybe the risk of being a sole proprietor varies from state

to state?

Greg

Brock DO wrote:

> As I mentioned before, I sure hope those 7 people that responded as

> " sole proprietor " are either mistaken or have checked with a good

> health care attorney because that is supposedly an absolute no-no,

> unless you want to risk everything you own.

>

>

>

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The recent Family Practice Management journal article on

this topic concluded by stating that the author generally recommends a

sole proprietorship to new solo docs and an S-Corp to new groups.

Of course, everyone should carry malpractice insurance as well as

practice liability insurance. Everyone's personal assets are

at risk in the case of a malpractice award exceeding your insurance

limits (rare as this is), no matter what type of practice you are

in. I believe this is the more likely scenario then someone

slipping on my sidewalk & winning a suit past my insurance

limits. That being said, may none of us ever be involved in any

such suits!

Sharon

At 03:13 PM 5/17/2006, you wrote:

I did not respond to the poll.

Been too busy to even read the messages.

But this one caught my eye. I am a sole proprietor. Five years ago, when

setting all of this up, I did consult an attorney and an accountant

about the best type of practice to set up. I was advised to just take

the sole proprietor route. When I asked about liabilities, I was told

that in my state, even as a small corp, litigants had successfully

argued that personal assetts should be reach-able, since the solo dr. is

the corp and the corp is the solo doctor. I was told that this probably

wouldn't matter, but we put the house in the wife's name anyway, just to

be safe. So maybe the risk of being a sole proprietor varies from state

to state?

Greg

Brock DO wrote:

> As I mentioned before, I sure hope those 7 people that responded as

> “sole proprietor” are either mistaken or have checked with a good

> health care attorney because that is supposedly an absolute no-no,

> unless you want to risk everything you own.

>

>

>

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Was that a recent FPM article? I’d

like to search for it on their website to see if they are really advising a

sole proprietorship. Everything I’ve ever read says absolutely no

way should you ever operate as a sole proprietor (ian ANY business, not just

medicine). The way I understood it is that you are personally liable

regardless of whether you have liability coverage or not (policy limits may not

matter). You basically have no shield between you & the practice in a

sole proprietorship, they are one & the same.

Re:

Practice Types

The recent Family Practice Management journal article

on this topic concluded by stating that the author generally recommends a sole

proprietorship to new solo docs and an S-Corp to new groups. Of course,

everyone should carry malpractice insurance as well as practice liability

insurance. Everyone's personal assets are at risk in the case of a

malpractice award exceeding your insurance limits (rare as this is), no matter

what type of practice you are in. I believe this is the more likely

scenario then someone slipping on my sidewalk & winning a suit past my

insurance limits. That being said, may none of us ever be involved in any

such suits!

Sharon

At 03:13 PM 5/17/2006, you wrote:

I did not respond to the poll. Been too busy to even

read the messages.

But this one caught my eye. I am a sole proprietor. Five years ago, when

setting all of this up, I did consult an attorney and an accountant

about the best type of practice to set up. I was advised to just take

the sole proprietor route. When I asked about liabilities, I was told

that in my state, even as a small corp, litigants had successfully

argued that personal assetts should be reach-able, since the solo dr. is

the corp and the corp is the solo doctor. I was told that this probably

wouldn't matter, but we put the house in the wife's name anyway, just to

be safe. So maybe the risk of being a sole proprietor varies from state

to state?

Greg

Brock DO wrote:

> As I mentioned before, I sure hope those 7 people that responded as

> “sole proprietor” are either mistaken or have checked with a

good

> health care attorney because that is supposedly an absolute no-no,

> unless you want to risk everything you own.

>

>

>

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Was that a recent FPM article? I’d

like to search for it on their website to see if they are really advising a

sole proprietorship. Everything I’ve ever read says absolutely no

way should you ever operate as a sole proprietor (ian ANY business, not just

medicine). The way I understood it is that you are personally liable

regardless of whether you have liability coverage or not (policy limits may not

matter). You basically have no shield between you & the practice in a

sole proprietorship, they are one & the same.

Re:

Practice Types

The recent Family Practice Management journal article

on this topic concluded by stating that the author generally recommends a sole

proprietorship to new solo docs and an S-Corp to new groups. Of course,

everyone should carry malpractice insurance as well as practice liability

insurance. Everyone's personal assets are at risk in the case of a

malpractice award exceeding your insurance limits (rare as this is), no matter

what type of practice you are in. I believe this is the more likely

scenario then someone slipping on my sidewalk & winning a suit past my

insurance limits. That being said, may none of us ever be involved in any

such suits!

Sharon

At 03:13 PM 5/17/2006, you wrote:

I did not respond to the poll. Been too busy to even

read the messages.

But this one caught my eye. I am a sole proprietor. Five years ago, when

setting all of this up, I did consult an attorney and an accountant

about the best type of practice to set up. I was advised to just take

the sole proprietor route. When I asked about liabilities, I was told

that in my state, even as a small corp, litigants had successfully

argued that personal assetts should be reach-able, since the solo dr. is

the corp and the corp is the solo doctor. I was told that this probably

wouldn't matter, but we put the house in the wife's name anyway, just to

be safe. So maybe the risk of being a sole proprietor varies from state

to state?

Greg

Brock DO wrote:

> As I mentioned before, I sure hope those 7 people that responded as

> “sole proprietor” are either mistaken or have checked with a

good

> health care attorney because that is supposedly an absolute no-no,

> unless you want to risk everything you own.

>

>

>

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Here's the FPM link:

http://www.aafp.org/fpm/20051100/42choo.pdf

Whew! I feel validated.

Greg

Brock DO wrote:

> Was that a recent FPM article? I’d like to search for it on their

> website to see if they are really advising a sole proprietorship.

> Everything I’ve ever read says absolutely no way should you ever

> operate as a sole proprietor (ian ANY business, not just medicine).

> The way I understood it is that you are personally liable regardless

> of whether you have liability coverage or not (policy limits may not

> matter). You basically have no shield between you & the practice in a

> sole proprietorship, they are one & the same.

>

>

>

> * Re: Practice Types

>

> The recent Family Practice Management journal article on this topic

> concluded by stating that the author generally recommends a sole

> proprietorship to new solo docs and an S-Corp to new groups. Of

> course, everyone should carry malpractice insurance as well as

> practice liability insurance. Everyone's personal assets are at risk

> in the case of a malpractice award exceeding your insurance limits

> (rare as this is), no matter what type of practice you are in. I

> believe this is the more likely scenario then someone slipping on my

> sidewalk & winning a suit past my insurance limits. That being said,

> may none of us ever be involved in any such suits!

>

> Sharon

>

> At 03:13 PM 5/17/2006, you wrote:

>

> I did not respond to the poll. Been too busy to even read the messages.

> But this one caught my eye. I am a sole proprietor. Five years ago, when

> setting all of this up, I did consult an attorney and an accountant

> about the best type of practice to set up. I was advised to just take

> the sole proprietor route. When I asked about liabilities, I was told

> that in my state, even as a small corp, litigants had successfully

> argued that personal assetts should be reach-able, since the solo dr. is

> the corp and the corp is the solo doctor. I was told that this probably

> wouldn't matter, but we put the house in the wife's name anyway, just to

> be safe. So maybe the risk of being a sole proprietor varies from state

> to state?

>

> Greg

>

>

> Brock DO wrote:

>

>> As I mentioned before, I sure hope those 7 people that responded as

>> “sole proprietor” are either mistaken or have checked with a good

>> health care attorney because that is supposedly an absolute no-no,

>> unless you want to risk everything you own.

>>

>>

>>

>

>

>

>

>

>

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Here's the FPM link:

http://www.aafp.org/fpm/20051100/42choo.pdf

Whew! I feel validated.

Greg

Brock DO wrote:

> Was that a recent FPM article? I’d like to search for it on their

> website to see if they are really advising a sole proprietorship.

> Everything I’ve ever read says absolutely no way should you ever

> operate as a sole proprietor (ian ANY business, not just medicine).

> The way I understood it is that you are personally liable regardless

> of whether you have liability coverage or not (policy limits may not

> matter). You basically have no shield between you & the practice in a

> sole proprietorship, they are one & the same.

>

>

>

> * Re: Practice Types

>

> The recent Family Practice Management journal article on this topic

> concluded by stating that the author generally recommends a sole

> proprietorship to new solo docs and an S-Corp to new groups. Of

> course, everyone should carry malpractice insurance as well as

> practice liability insurance. Everyone's personal assets are at risk

> in the case of a malpractice award exceeding your insurance limits

> (rare as this is), no matter what type of practice you are in. I

> believe this is the more likely scenario then someone slipping on my

> sidewalk & winning a suit past my insurance limits. That being said,

> may none of us ever be involved in any such suits!

>

> Sharon

>

> At 03:13 PM 5/17/2006, you wrote:

>

> I did not respond to the poll. Been too busy to even read the messages.

> But this one caught my eye. I am a sole proprietor. Five years ago, when

> setting all of this up, I did consult an attorney and an accountant

> about the best type of practice to set up. I was advised to just take

> the sole proprietor route. When I asked about liabilities, I was told

> that in my state, even as a small corp, litigants had successfully

> argued that personal assetts should be reach-able, since the solo dr. is

> the corp and the corp is the solo doctor. I was told that this probably

> wouldn't matter, but we put the house in the wife's name anyway, just to

> be safe. So maybe the risk of being a sole proprietor varies from state

> to state?

>

> Greg

>

>

> Brock DO wrote:

>

>> As I mentioned before, I sure hope those 7 people that responded as

>> “sole proprietor” are either mistaken or have checked with a good

>> health care attorney because that is supposedly an absolute no-no,

>> unless you want to risk everything you own.

>>

>>

>>

>

>

>

>

>

>

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RE LLC vs Corp

Still like my LLC setup, but then, I still don't have any net income-->

close though, at 18 months, covering expenses and happy to be self employed.

Dr Matt Levin

In practice since 1988 employed from 1988 through end 2004

Solo since Dec 2004

Pittsburgh, PA

* Re: Practice Types

>>

>> The recent Family Practice Management journal article on this topic

>> concluded by stating that the author generally recommends a sole

>> proprietorship to new solo docs and an S-Corp to new groups. Of

>> course, everyone should carry malpractice insurance as well as

>> practice liability insurance. Everyone's personal assets are at risk

>> in the case of a malpractice award exceeding your insurance limits

>> (rare as this is), no matter what type of practice you are in. I

>> believe this is the more likely scenario then someone slipping on my

>> sidewalk & winning a suit past my insurance limits. That being said,

>> may none of us ever be involved in any such suits!

>>

>> Sharon

>>

>> At 03:13 PM 5/17/2006, you wrote:

>>

>> I did not respond to the poll. Been too busy to even read the messages.

>> But this one caught my eye. I am a sole proprietor. Five years ago, when

>> setting all of this up, I did consult an attorney and an accountant

>> about the best type of practice to set up. I was advised to just take

>> the sole proprietor route. When I asked about liabilities, I was told

>> that in my state, even as a small corp, litigants had successfully

>> argued that personal assetts should be reach-able, since the solo dr. is

>> the corp and the corp is the solo doctor. I was told that this probably

>> wouldn't matter, but we put the house in the wife's name anyway, just to

>> be safe. So maybe the risk of being a sole proprietor varies from state

>> to state?

>>

>> Greg

>>

>>

>> Brock DO wrote:

>>

>>> As I mentioned before, I sure hope those 7 people that responded as

>>> “sole proprietor” are either mistaken or have checked with a good

>>> health care attorney because that is supposedly an absolute no-no,

>>> unless you want to risk everything you own.

>>>

>>>

>>>

>>

>>

>>

>>

>>

>>

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RE LLC vs Corp

Still like my LLC setup, but then, I still don't have any net income-->

close though, at 18 months, covering expenses and happy to be self employed.

Dr Matt Levin

In practice since 1988 employed from 1988 through end 2004

Solo since Dec 2004

Pittsburgh, PA

* Re: Practice Types

>>

>> The recent Family Practice Management journal article on this topic

>> concluded by stating that the author generally recommends a sole

>> proprietorship to new solo docs and an S-Corp to new groups. Of

>> course, everyone should carry malpractice insurance as well as

>> practice liability insurance. Everyone's personal assets are at risk

>> in the case of a malpractice award exceeding your insurance limits

>> (rare as this is), no matter what type of practice you are in. I

>> believe this is the more likely scenario then someone slipping on my

>> sidewalk & winning a suit past my insurance limits. That being said,

>> may none of us ever be involved in any such suits!

>>

>> Sharon

>>

>> At 03:13 PM 5/17/2006, you wrote:

>>

>> I did not respond to the poll. Been too busy to even read the messages.

>> But this one caught my eye. I am a sole proprietor. Five years ago, when

>> setting all of this up, I did consult an attorney and an accountant

>> about the best type of practice to set up. I was advised to just take

>> the sole proprietor route. When I asked about liabilities, I was told

>> that in my state, even as a small corp, litigants had successfully

>> argued that personal assetts should be reach-able, since the solo dr. is

>> the corp and the corp is the solo doctor. I was told that this probably

>> wouldn't matter, but we put the house in the wife's name anyway, just to

>> be safe. So maybe the risk of being a sole proprietor varies from state

>> to state?

>>

>> Greg

>>

>>

>> Brock DO wrote:

>>

>>> As I mentioned before, I sure hope those 7 people that responded as

>>> “sole proprietor” are either mistaken or have checked with a good

>>> health care attorney because that is supposedly an absolute no-no,

>>> unless you want to risk everything you own.

>>>

>>>

>>>

>>

>>

>>

>>

>>

>>

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Here's what the article below says...Choose wiselyPhysicians have a variety of entity choices for their practices with several distinctions to remember. Each practice situation is unique, and a physician or group should consult with a qualified attorney and accountant before making the decision. Although I usually recommend an S corporation for a new group and a sole proprietorship for a physician who does not anticipate practicing with another physician, take the time to evaluate the pros and cons of each type of entity. You will find the one that’s right for you.

Still, it would seem that the Corp is still a good choice even for the solo doc. See Below.

Locke

* Re: Practice Types>> The recent Family Practice Management journal article on this topic> concluded by stating that the author generally recommends a sole> proprietorship to new solo docs and an S-Corp to new groups. Of> course, everyone should carry malpractice insurance as well as> practice liability insurance. Everyone's personal assets are at risk> in the case of a malpractice award exceeding your insurance limits> (rare as this is), no matter what type of practice you are in. I> believe this is the more likely scenario then someone slipping on my> sidewalk & winning a suit past my insurance limits. That being said,> may none of us ever be involved in any such suits!>> Sharon >> At 03:13 PM 5/17/2006, you wrote:>> I did not respond to the poll. Been too busy to even read the messages.> But this one caught my eye. I am a sole proprietor. Five years ago, when> setting all of this up, I did consult an attorney and an accountant> about the best type of practice to set up. I was advised to just take> the sole proprietor route. When I asked about liabilities, I was told> that in my state, even as a small corp, litigants had successfully> argued that personal assetts should be reach-able, since the solo dr. is> the corp and the corp is the solo doctor. I was told that this probably> wouldn't matter, but we put the house in the wife's name anyway, just to> be safe. So maybe the risk of being a sole proprietor varies from state> to state?>> Greg>>> Brock DO wrote:>>> As I mentioned before, I sure hope those 7 people that responded as>> “sole proprietor” are either mistaken or have checked with a good>> health care attorney because that is supposedly an absolute no-no,>> unless you want to risk everything you own.>>>> >>>>>>>>

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Here's what the article below says...Choose wiselyPhysicians have a variety of entity choices for their practices with several distinctions to remember. Each practice situation is unique, and a physician or group should consult with a qualified attorney and accountant before making the decision. Although I usually recommend an S corporation for a new group and a sole proprietorship for a physician who does not anticipate practicing with another physician, take the time to evaluate the pros and cons of each type of entity. You will find the one that’s right for you.

Still, it would seem that the Corp is still a good choice even for the solo doc. See Below.

Locke

* Re: Practice Types>> The recent Family Practice Management journal article on this topic> concluded by stating that the author generally recommends a sole> proprietorship to new solo docs and an S-Corp to new groups. Of> course, everyone should carry malpractice insurance as well as> practice liability insurance. Everyone's personal assets are at risk> in the case of a malpractice award exceeding your insurance limits> (rare as this is), no matter what type of practice you are in. I> believe this is the more likely scenario then someone slipping on my> sidewalk & winning a suit past my insurance limits. That being said,> may none of us ever be involved in any such suits!>> Sharon >> At 03:13 PM 5/17/2006, you wrote:>> I did not respond to the poll. Been too busy to even read the messages.> But this one caught my eye. I am a sole proprietor. Five years ago, when> setting all of this up, I did consult an attorney and an accountant> about the best type of practice to set up. I was advised to just take> the sole proprietor route. When I asked about liabilities, I was told> that in my state, even as a small corp, litigants had successfully> argued that personal assetts should be reach-able, since the solo dr. is> the corp and the corp is the solo doctor. I was told that this probably> wouldn't matter, but we put the house in the wife's name anyway, just to> be safe. So maybe the risk of being a sole proprietor varies from state> to state?>> Greg>>> Brock DO wrote:>>> As I mentioned before, I sure hope those 7 people that responded as>> “sole proprietor” are either mistaken or have checked with a good>> health care attorney because that is supposedly an absolute no-no,>> unless you want to risk everything you own.>>>> >>>>>>>>

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I hear that you can get insurance to protect your personal assets. I guess one should weigh the costs of the extra insurance vs. the costs of the corp structure, annual fees, taxes etc. Moitri Brock DO wrote: Was that a recent FPM article? I’d like to search for it on their website to see if they are really advising a sole proprietorship. Everything I’ve ever read says absolutely no way should you ever operate as a sole proprietor (ian ANY business, not just medicine). The way I understood it is that you are personally liable regardless of whether you have liability coverage or not (policy limits may not matter). You basically have

no shield between you & the practice in a sole proprietorship, they are one & the same. -----Original Message-----From: [mailto: ] On Behalf Of Sharon McCoy Sent:

Wednesday, May 17, 2006 3:10 PMTo: Subject: Re: Practice Types The recent Family Practice Management journal article on this topic concluded by stating that the author generally recommends a sole proprietorship to new solo docs and an S-Corp to new groups. Of course, everyone should carry malpractice insurance as well as practice liability insurance. Everyone's personal assets are at risk in the case of a malpractice award exceeding your insurance limits (rare as this is), no matter what type of practice you are in. I

believe this is the more likely scenario then someone slipping on my sidewalk & winning a suit past my insurance limits. That being said, may none of us ever be involved in any such suits!Sharon At 03:13 PM 5/17/2006, you wrote: I did not respond to the poll. Been too busy to even read the messages. But this one caught my eye. I am a sole proprietor. Five years ago, when setting all of this up, I did consult an attorney and an accountant about the best type of practice to set up. I was advised to just take the sole proprietor route. When I asked about liabilities, I was told that in my state, even as a small corp, litigants had successfully argued that personal assetts should be reach-able, since the solo dr. is the corp and the corp is the solo doctor. I was told that this

probably wouldn't matter, but we put the house in the wife's name anyway, just to be safe. So maybe the risk of being a sole proprietor varies from state to state?Greg Brock DO wrote:> As I mentioned before, I sure hope those 7 people that responded as > “sole proprietor” are either mistaken or have checked with a good > health care attorney because that is supposedly an absolute no-no, > unless you want to risk everything you own.>> >

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I see that the author did seem to recommend a sole proprietorship in the

last paragraph. Since this seemed like the opposite of what the book I have

advises, I decided to e-mail the book's author to ask his thoughts. Here is

my e-mail to him & his reply:

My question to him:

" Hello. I have your book " The Doctor's Wealth Preservation Guide. "

In it you say to never become a sole proprietorship. Yet a recent

article in Family Practice Management, written by a health care

attorney, actually recommends a sole proprietorship as the preferred

entity type for solo docs. Why the seemingly polar opposite advise? See

the final paragraph of the following article link. "

Brock, D.O.

solo family medicine

London, Ohio

His reply:

Dr. Brock,

Thank you for forwarding that article: Choosing the right practice

entity.

It makes my skin crawl that an ignorant attorney like the one who

wrote that article has such articles published. I don't blame the

publisher because they are relying on the expertise of the author.

NO ONE should ever be a sole prop. (as he recommends in the last

paragraph).

The simply reason is that if someone comes onto the grounds and

slips and falls or gets hurt by one of the employees or all the other

types of traditional liabilities that go along with running a business

where the public comes to visit gets hurt, the doctor will be sued

PERSONALLY. If the doctor is a P.C., S-, C-, or LLC, that slip and fall

case or sexual harassment case by the employee will only put at risk

the assets of the company NOT the doctor's personal assets (unless

he/she is the one doing the sexual harassing).

Additionally, there are tax reasons to be treated as an S- or C-

corporation.

NEVER EVER be a sole prop. What a terrible article giving terrible

advice for solo doctors.

Thanks again. "

As can be seen, he is pretty adamant about not being a sole proprietorship.

Obviously, the attorneys have differing opinions on this but Mr. DeFranceso

sounds more convinced in his view than the FPM author does. By the way, I

have no financial interest in Mr. DeFranceso's book, services, etc & have

never talked to him. My only knowledge of him is the book of his that I've

read on doctor asset protection/wealth preservation (he gives his e-mail

address in the book, for questions). Boy, if I were running my office as a

sole proprietorship I sure think I would be making a change, but that is

just me. I am glad I'm an LLC & that option is available here in Ohio.

* Re: Practice Types

>

> The recent Family Practice Management journal article on this topic

> concluded by stating that the author generally recommends a sole

> proprietorship to new solo docs and an S-Corp to new groups. Of

> course, everyone should carry malpractice insurance as well as

> practice liability insurance. Everyone's personal assets are at risk

> in the case of a malpractice award exceeding your insurance limits

> (rare as this is), no matter what type of practice you are in. I

> believe this is the more likely scenario then someone slipping on my

> sidewalk & winning a suit past my insurance limits. That being said,

> may none of us ever be involved in any such suits!

>

> Sharon

>

> At 03:13 PM 5/17/2006, you wrote:

>

> I did not respond to the poll. Been too busy to even read the messages.

> But this one caught my eye. I am a sole proprietor. Five years ago, when

> setting all of this up, I did consult an attorney and an accountant

> about the best type of practice to set up. I was advised to just take

> the sole proprietor route. When I asked about liabilities, I was told

> that in my state, even as a small corp, litigants had successfully

> argued that personal assetts should be reach-able, since the solo dr. is

> the corp and the corp is the solo doctor. I was told that this probably

> wouldn't matter, but we put the house in the wife's name anyway, just to

> be safe. So maybe the risk of being a sole proprietor varies from state

> to state?

>

> Greg

>

>

> Brock DO wrote:

>

>> As I mentioned before, I sure hope those 7 people that responded as

>> " sole proprietor " are either mistaken or have checked with a good

>> health care attorney because that is supposedly an absolute no-no,

>> unless you want to risk everything you own.

>>

>>

>>

>

>

>

>

>

>

Link to comment
Share on other sites

Guest guest

I see that the author did seem to recommend a sole proprietorship in the

last paragraph. Since this seemed like the opposite of what the book I have

advises, I decided to e-mail the book's author to ask his thoughts. Here is

my e-mail to him & his reply:

My question to him:

" Hello. I have your book " The Doctor's Wealth Preservation Guide. "

In it you say to never become a sole proprietorship. Yet a recent

article in Family Practice Management, written by a health care

attorney, actually recommends a sole proprietorship as the preferred

entity type for solo docs. Why the seemingly polar opposite advise? See

the final paragraph of the following article link. "

Brock, D.O.

solo family medicine

London, Ohio

His reply:

Dr. Brock,

Thank you for forwarding that article: Choosing the right practice

entity.

It makes my skin crawl that an ignorant attorney like the one who

wrote that article has such articles published. I don't blame the

publisher because they are relying on the expertise of the author.

NO ONE should ever be a sole prop. (as he recommends in the last

paragraph).

The simply reason is that if someone comes onto the grounds and

slips and falls or gets hurt by one of the employees or all the other

types of traditional liabilities that go along with running a business

where the public comes to visit gets hurt, the doctor will be sued

PERSONALLY. If the doctor is a P.C., S-, C-, or LLC, that slip and fall

case or sexual harassment case by the employee will only put at risk

the assets of the company NOT the doctor's personal assets (unless

he/she is the one doing the sexual harassing).

Additionally, there are tax reasons to be treated as an S- or C-

corporation.

NEVER EVER be a sole prop. What a terrible article giving terrible

advice for solo doctors.

Thanks again. "

As can be seen, he is pretty adamant about not being a sole proprietorship.

Obviously, the attorneys have differing opinions on this but Mr. DeFranceso

sounds more convinced in his view than the FPM author does. By the way, I

have no financial interest in Mr. DeFranceso's book, services, etc & have

never talked to him. My only knowledge of him is the book of his that I've

read on doctor asset protection/wealth preservation (he gives his e-mail

address in the book, for questions). Boy, if I were running my office as a

sole proprietorship I sure think I would be making a change, but that is

just me. I am glad I'm an LLC & that option is available here in Ohio.

* Re: Practice Types

>

> The recent Family Practice Management journal article on this topic

> concluded by stating that the author generally recommends a sole

> proprietorship to new solo docs and an S-Corp to new groups. Of

> course, everyone should carry malpractice insurance as well as

> practice liability insurance. Everyone's personal assets are at risk

> in the case of a malpractice award exceeding your insurance limits

> (rare as this is), no matter what type of practice you are in. I

> believe this is the more likely scenario then someone slipping on my

> sidewalk & winning a suit past my insurance limits. That being said,

> may none of us ever be involved in any such suits!

>

> Sharon

>

> At 03:13 PM 5/17/2006, you wrote:

>

> I did not respond to the poll. Been too busy to even read the messages.

> But this one caught my eye. I am a sole proprietor. Five years ago, when

> setting all of this up, I did consult an attorney and an accountant

> about the best type of practice to set up. I was advised to just take

> the sole proprietor route. When I asked about liabilities, I was told

> that in my state, even as a small corp, litigants had successfully

> argued that personal assetts should be reach-able, since the solo dr. is

> the corp and the corp is the solo doctor. I was told that this probably

> wouldn't matter, but we put the house in the wife's name anyway, just to

> be safe. So maybe the risk of being a sole proprietor varies from state

> to state?

>

> Greg

>

>

> Brock DO wrote:

>

>> As I mentioned before, I sure hope those 7 people that responded as

>> " sole proprietor " are either mistaken or have checked with a good

>> health care attorney because that is supposedly an absolute no-no,

>> unless you want to risk everything you own.

>>

>>

>>

>

>

>

>

>

>

Link to comment
Share on other sites

Guest guest

Keeping the debate open, I emailed the attorney-author of the FPM

article. Here is his reply:

I am not an "ignorant" attorney, just a practical one. A sole

proprietorship is a way to save a doctor money on setting up and maintaining

a separate entity. Slip and fall cases against a doctor are extremely rare

and are typically covered by insurance. In addition, in a sexual harassment

case, the doctor could not hide behind the entity to avoid personal

liability. ____________________________________________

B. Sansweet, Esquire

Kalogredis, Sansweet, Dearden and Burke, Ltd.

987 Old Eagle School Road, Suite 704

Wayne, PA 19087

phone ext. 202

fax

email: jsansweet@...

Brock DO wrote:

I see that the author did seem to recommend a sole

proprietorship in the

last paragraph. Since this seemed like the opposite of what the book I

have

advises, I decided to e-mail the book's author to ask his thoughts.

Here is

my e-mail to him & his reply:

My question to him:

"Hello. I have your book "The Doctor's Wealth Preservation

Guide."

In it you say to never become a sole proprietorship. Yet a recent

article in Family Practice Management, written by a health care

attorney, actually recommends a sole proprietorship as the preferred

entity type for solo docs. Why the seemingly polar opposite advise?

See

the final paragraph of the following article link."

Brock, D.O.

solo family medicine

London, Ohio

His reply:

Dr. Brock,

Thank you for forwarding that article: Choosing the right practice

entity.

It makes my skin crawl that an ignorant attorney like the one who

wrote that article has such articles published. I don't blame the

publisher because they are relying on the expertise of the author.

NO ONE should ever be a sole prop. (as he recommends in the last

paragraph).

The simply reason is that if someone comes onto the grounds and

slips and falls or gets hurt by one of the employees or all the

other

types of traditional liabilities that go along with running a

business

where the public comes to visit gets hurt, the doctor will be sued

PERSONALLY. If the doctor is a P.C., S-, C-, or LLC, that slip and

fall

case or sexual harassment case by the employee will only put at

risk

the assets of the company NOT the doctor's personal assets (unless

he/she is the one doing the sexual harassing).

Additionally, there are tax reasons to be treated as an S- or C-

corporation.

NEVER EVER be a sole prop. What a terrible article giving

terrible

advice for solo doctors.

Thanks again."

As can be seen, he is pretty adamant about not being a sole

proprietorship.

Obviously, the attorneys have differing opinions on this but Mr.

DeFranceso

sounds more convinced in his view than the FPM author does. By the

way, I

have no financial interest in Mr. DeFranceso's book, services, etc

& have

never talked to him. My only knowledge of him is the book of his that

I've

read on doctor asset protection/wealth preservation (he gives his e-mail

address in the book, for questions). Boy, if I were running my office

as a

sole proprietorship I sure think I would be making a change, but that is

just me. I am glad I'm an LLC & that option is available here in

Ohio.

* Re: Practice Types

>

> The recent Family Practice Management journal article on this

topic

> concluded by stating that the author generally recommends a sole

> proprietorship to new solo docs and an S-Corp to new groups. Of

> course, everyone should carry malpractice insurance as well as

> practice liability insurance. Everyone's personal assets are at

risk

> in the case of a malpractice award exceeding your insurance limits

> (rare as this is), no matter what type of practice you are in. I

> believe this is the more likely scenario then someone slipping on

my

> sidewalk & winning a suit past my insurance limits. That being

said,

> may none of us ever be involved in any such suits!

>

> Sharon

>

> At 03:13 PM 5/17/2006, you wrote:

>

> I did not respond to the poll. Been too busy to even read the

messages.

> But this one caught my eye. I am a sole proprietor. Five years

ago, when

> setting all of this up, I did consult an attorney and an accountant

> about the best type of practice to set up. I was advised to just

take

> the sole proprietor route. When I asked about liabilities, I was

told

> that in my state, even as a small corp, litigants had successfully

> argued that personal assetts should be reach-able, since the solo

dr. is

> the corp and the corp is the solo doctor. I was told that this

probably

> wouldn't matter, but we put the house in the wife's name anyway,

just to

> be safe. So maybe the risk of being a sole proprietor varies from

state

> to state?

>

> Greg

>

>

> Brock DO wrote:

>

>> As I mentioned before, I sure hope those 7 people that

responded as

>> "sole proprietor" are either mistaken or have checked with a

good

>> health care attorney because that is supposedly an absolute

no-no,

>> unless you want to risk everything you own.

>>

>>

>>

>

>

>

>

>

>

Link to comment
Share on other sites

Guest guest

Keeping the debate open, I emailed the attorney-author of the FPM

article. Here is his reply:

I am not an "ignorant" attorney, just a practical one. A sole

proprietorship is a way to save a doctor money on setting up and maintaining

a separate entity. Slip and fall cases against a doctor are extremely rare

and are typically covered by insurance. In addition, in a sexual harassment

case, the doctor could not hide behind the entity to avoid personal

liability. ____________________________________________

B. Sansweet, Esquire

Kalogredis, Sansweet, Dearden and Burke, Ltd.

987 Old Eagle School Road, Suite 704

Wayne, PA 19087

phone ext. 202

fax

email: jsansweet@...

Brock DO wrote:

I see that the author did seem to recommend a sole

proprietorship in the

last paragraph. Since this seemed like the opposite of what the book I

have

advises, I decided to e-mail the book's author to ask his thoughts.

Here is

my e-mail to him & his reply:

My question to him:

"Hello. I have your book "The Doctor's Wealth Preservation

Guide."

In it you say to never become a sole proprietorship. Yet a recent

article in Family Practice Management, written by a health care

attorney, actually recommends a sole proprietorship as the preferred

entity type for solo docs. Why the seemingly polar opposite advise?

See

the final paragraph of the following article link."

Brock, D.O.

solo family medicine

London, Ohio

His reply:

Dr. Brock,

Thank you for forwarding that article: Choosing the right practice

entity.

It makes my skin crawl that an ignorant attorney like the one who

wrote that article has such articles published. I don't blame the

publisher because they are relying on the expertise of the author.

NO ONE should ever be a sole prop. (as he recommends in the last

paragraph).

The simply reason is that if someone comes onto the grounds and

slips and falls or gets hurt by one of the employees or all the

other

types of traditional liabilities that go along with running a

business

where the public comes to visit gets hurt, the doctor will be sued

PERSONALLY. If the doctor is a P.C., S-, C-, or LLC, that slip and

fall

case or sexual harassment case by the employee will only put at

risk

the assets of the company NOT the doctor's personal assets (unless

he/she is the one doing the sexual harassing).

Additionally, there are tax reasons to be treated as an S- or C-

corporation.

NEVER EVER be a sole prop. What a terrible article giving

terrible

advice for solo doctors.

Thanks again."

As can be seen, he is pretty adamant about not being a sole

proprietorship.

Obviously, the attorneys have differing opinions on this but Mr.

DeFranceso

sounds more convinced in his view than the FPM author does. By the

way, I

have no financial interest in Mr. DeFranceso's book, services, etc

& have

never talked to him. My only knowledge of him is the book of his that

I've

read on doctor asset protection/wealth preservation (he gives his e-mail

address in the book, for questions). Boy, if I were running my office

as a

sole proprietorship I sure think I would be making a change, but that is

just me. I am glad I'm an LLC & that option is available here in

Ohio.

* Re: Practice Types

>

> The recent Family Practice Management journal article on this

topic

> concluded by stating that the author generally recommends a sole

> proprietorship to new solo docs and an S-Corp to new groups. Of

> course, everyone should carry malpractice insurance as well as

> practice liability insurance. Everyone's personal assets are at

risk

> in the case of a malpractice award exceeding your insurance limits

> (rare as this is), no matter what type of practice you are in. I

> believe this is the more likely scenario then someone slipping on

my

> sidewalk & winning a suit past my insurance limits. That being

said,

> may none of us ever be involved in any such suits!

>

> Sharon

>

> At 03:13 PM 5/17/2006, you wrote:

>

> I did not respond to the poll. Been too busy to even read the

messages.

> But this one caught my eye. I am a sole proprietor. Five years

ago, when

> setting all of this up, I did consult an attorney and an accountant

> about the best type of practice to set up. I was advised to just

take

> the sole proprietor route. When I asked about liabilities, I was

told

> that in my state, even as a small corp, litigants had successfully

> argued that personal assetts should be reach-able, since the solo

dr. is

> the corp and the corp is the solo doctor. I was told that this

probably

> wouldn't matter, but we put the house in the wife's name anyway,

just to

> be safe. So maybe the risk of being a sole proprietor varies from

state

> to state?

>

> Greg

>

>

> Brock DO wrote:

>

>> As I mentioned before, I sure hope those 7 people that

responded as

>> "sole proprietor" are either mistaken or have checked with a

good

>> health care attorney because that is supposedly an absolute

no-no,

>> unless you want to risk everything you own.

>>

>>

>>

>

>

>

>

>

>

Link to comment
Share on other sites

Guest guest

That is why I am glad I had LLC as an

option here in Ohio . . . best of practicality AND reasonable entity protection of

personal liability. Still, just like in malpractice cases, our policies have

upper limits & you are open to any judgement above that in a sole prop. setup.

-----Original

Message-----

From:

[mailto: ]

On Behalf Of Greg & Amy Hinson

Sent: Thursday, May 18, 2006 11:53

AM

To:

Subject: Re:

Practice Types

Keeping the debate open,

I emailed the attorney-author of the FPM article. Here is his reply:

I am not an " ignorant " attorney, just a practical one. A soleproprietorship is a way to save a doctor money on setting up and maintaininga separate entity. Slip and fall cases against a doctor are extremely rareand are typically covered by insurance. In addition, in a sexual harassmentcase, the doctor could not hide behind the entity to avoid personalliability. ____________________________________________ B. Sansweet, EsquireKalogredis, Sansweet, Dearden and Burke, Ltd.987 Old Eagle School Road, Suite 704Wayne, PA 19087phone ext. 202fax email: jsansweet@...

Brock DO wrote:

I see that the author did seem to recommend a sole proprietorship in

the

last paragraph. Since this seemed like the opposite of what the book I

have

advises, I decided to e-mail the book's author to ask his thoughts. Here

is

my e-mail to him & his reply:

My question to him:

" Hello. I have your book " The

Doctor's Wealth Preservation Guide. "

In it you say to never become a sole proprietorship. Yet a recent

article in Family Practice Management, written by a health care

attorney, actually recommends a sole proprietorship as the preferred

entity type for solo docs. Why the seemingly polar opposite advise?

See

the final paragraph of the following article link. "

Brock, D.O.

solo family medicine

London, Ohio

His reply:

Dr. Brock,

Thank you for forwarding that article: Choosing

the right practice

entity.

It makes my skin crawl that an ignorant attorney

like the one who

wrote that article has such articles published. I don't blame the

publisher because they are relying on the expertise of the author.

NO ONE should ever be a sole prop. (as he

recommends in the last

paragraph).

The simply reason is that if someone comes onto

the grounds and

slips and falls or gets hurt by one of the

employees or all the other

types of traditional liabilities that go along

with running a business

where the public comes to visit gets hurt, the

doctor will be sued

PERSONALLY. If the doctor is a P.C., S-, C-, or LLC, that slip and

fall

case or sexual harassment case by the employee will only put at

risk

the assets of the company NOT the doctor's personal assets

(unless

he/she is the one doing the sexual harassing).

Additionally, there are tax reasons to be

treated as an S- or C-

corporation.

NEVER EVER be a sole prop. What a terrible

article giving terrible

advice for solo doctors.

Thanks again. "

As can be seen, he is pretty adamant about not being a sole proprietorship.

Obviously, the attorneys have differing opinions on this but Mr. DeFranceso

sounds more convinced in his view than the FPM author does. By the way, I

have no financial interest in Mr. DeFranceso's book, services, etc & have

never talked to him. My only knowledge of him is the book of his that

I've

read on doctor asset protection/wealth preservation (he gives his e-mail

address in the book, for questions). Boy, if I were running my office as

a

sole proprietorship I sure think I would be making a change, but that is

just me. I am glad I'm an LLC & that option is available here in

Ohio.

* Re: Practice Types

>

> The recent Family Practice Management journal article on this topic

> concluded by stating that the author generally recommends a sole

> proprietorship to new solo docs and an S-Corp to new groups. Of

> course, everyone should carry malpractice insurance as well as

> practice liability insurance. Everyone's personal assets are at risk

> in the case of a malpractice award exceeding your insurance limits

> (rare as this is), no matter what type of practice you are in. I

> believe this is the more likely scenario then someone slipping on my

> sidewalk & winning a suit past my insurance limits. That being said,

> may none of us ever be involved in any such suits!

>

> Sharon

>

> At 03:13 PM 5/17/2006, you wrote:

>

> I did not respond to the poll. Been too busy to even read the messages.

> But this one caught my eye. I am a sole proprietor. Five years ago, when

> setting all of this up, I did consult an attorney and an accountant

> about the best type of practice to set up. I was advised to just take

> the sole proprietor route. When I asked about liabilities, I was told

> that in my state, even as a small corp, litigants had successfully

> argued that personal assetts should be reach-able, since the solo dr. is

> the corp and the corp is the solo doctor. I was told that this probably

> wouldn't matter, but we put the house in the wife's name anyway, just to

> be safe. So maybe the risk of being a sole proprietor varies from state

> to state?

>

> Greg

>

>

> Brock DO wrote:

>

>> As I mentioned before, I sure hope those 7 people that responded as

>> " sole proprietor " are either mistaken or have checked with a

good

>> health care attorney because that is supposedly an absolute no-no,

>> unless you want to risk everything you own.

>>

>>

>>

>

>

>

>

>

>

Link to comment
Share on other sites

Guest guest

, here in Ohio you ARE personally liable for medical malpractice above your policy limits even if you are incorporated, employed, s corp, c corp etc... I know it doesn't sound fair, but its true. I know you have a book that says something else but a great deal of law is based on precedent (sp?). The fact is that most plaintiff attys won't ask for more than the malpractice limit but in Ohio there is precedent for going above for REALLY BAD behavior and the physician can be personally liable for a settlement. The health care atty I consulted with when I formed my last "partnership" (we actually shared space, call, staff etc... but were individual business owners) said those instances involved criminal malpractice type cases of intentional wrong doing.

I was a sole proprietor for a while. The main reason I incorporated is that the self employment tax was a lot (can't remember amt) until you reach $80 K in income and I had a hard time getting there. My accountant recommended llc or c corp, which she did for me at $500, and I saved that in self employment tax in the first year. You are at risk for those slip and fall type suits, but again, I had business insurance.

Remember that sometimes books get quickly outdated in medicine, I think that is probably true for other things as well.

Link to comment
Share on other sites

Guest guest

, here in Ohio you ARE personally liable for medical malpractice above your policy limits even if you are incorporated, employed, s corp, c corp etc... I know it doesn't sound fair, but its true. I know you have a book that says something else but a great deal of law is based on precedent (sp?). The fact is that most plaintiff attys won't ask for more than the malpractice limit but in Ohio there is precedent for going above for REALLY BAD behavior and the physician can be personally liable for a settlement. The health care atty I consulted with when I formed my last "partnership" (we actually shared space, call, staff etc... but were individual business owners) said those instances involved criminal malpractice type cases of intentional wrong doing.

I was a sole proprietor for a while. The main reason I incorporated is that the self employment tax was a lot (can't remember amt) until you reach $80 K in income and I had a hard time getting there. My accountant recommended llc or c corp, which she did for me at $500, and I saved that in self employment tax in the first year. You are at risk for those slip and fall type suits, but again, I had business insurance.

Remember that sometimes books get quickly outdated in medicine, I think that is probably true for other things as well.

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Share on other sites

Guest guest

No, you are confusing malpractice liability with other general liability

associated with running a medical practice (or any business where the public

uses your facility for services). Of course you could still be held liable for

a malpractice judgement over & above your policy limits for severe negligence in

practice, and that is where asset protection comes in. That is not what we are

talking about.

Example: a patient slips & falls on your ice-covered ramp, cracks her head on

the ice, and suffers permanent brain damage. A jury finds you liable & returns

a verdict for $3,000,000 (easy to imagine in this day and age). Lets's say you

have a $1,000,000 umbrella policy to cover you for general office liability (not

your malpractice policy). You are now on the hook to pay $2,000,000 out of

pocket. Why do you think all apartment complexes, rental properties, etc are

owned by an LLC or corp? Because the owners would otherwise be 100% personally

liable for any & all suits against them. A medical office is no different. In

my case, by operating as an LLC, I would not be personally liable for the extra

$2,000,000 in the example above because the verdict was against the LLC & not me

personally (these are one & the same in a sole proprietorship). When I set up

my practice 2 years ago the attorney said in the last 10 years he had never

started up a new practice with anything !

other than an LLC, other than one S-corp.

>

> From: mkcl6@...

> Date: 2006/05/18 Thu PM 05:52:43 EDT

> To:

> Subject: Re: Practice Types

>

> , here in Ohio you ARE personally liable for medical malpractice above

> your policy limits even if you are incorporated, employed, s corp, c corp

> etc... I know it doesn't sound fair, but its true. I know you have a book

that

> says something else but a great deal of law is based on precedent (sp?). The

> fact is that most plaintiff attys won't ask for more than the malpractice

> limit but in Ohio there is precedent for going above for REALLY BAD behavior

> and the physician can be personally liable for a settlement. The health care

> atty I consulted with when I formed my last " partnership " (we actually shared

> space, call, staff etc... but were individual business owners) said those

> instances involved criminal malpractice type cases of intentional wrong

doing.

>

> I was a sole proprietor for a while. The main reason I incorporated is that

> the self employment tax was a lot (can't remember amt) until you reach $80 K

> in income and I had a hard time getting there. My accountant recommended llc

> or c corp, which she did for me at $500, and I saved that in self employment

> tax in the first year. You are at risk for those slip and fall type suits,

> but again, I had business insurance.

>

> Remember that sometimes books get quickly outdated in medicine, I think that

> is probably true for other things as well.

>

>

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Share on other sites

Guest guest

No, you are confusing malpractice liability with other general liability

associated with running a medical practice (or any business where the public

uses your facility for services). Of course you could still be held liable for

a malpractice judgement over & above your policy limits for severe negligence in

practice, and that is where asset protection comes in. That is not what we are

talking about.

Example: a patient slips & falls on your ice-covered ramp, cracks her head on

the ice, and suffers permanent brain damage. A jury finds you liable & returns

a verdict for $3,000,000 (easy to imagine in this day and age). Lets's say you

have a $1,000,000 umbrella policy to cover you for general office liability (not

your malpractice policy). You are now on the hook to pay $2,000,000 out of

pocket. Why do you think all apartment complexes, rental properties, etc are

owned by an LLC or corp? Because the owners would otherwise be 100% personally

liable for any & all suits against them. A medical office is no different. In

my case, by operating as an LLC, I would not be personally liable for the extra

$2,000,000 in the example above because the verdict was against the LLC & not me

personally (these are one & the same in a sole proprietorship). When I set up

my practice 2 years ago the attorney said in the last 10 years he had never

started up a new practice with anything !

other than an LLC, other than one S-corp.

>

> From: mkcl6@...

> Date: 2006/05/18 Thu PM 05:52:43 EDT

> To:

> Subject: Re: Practice Types

>

> , here in Ohio you ARE personally liable for medical malpractice above

> your policy limits even if you are incorporated, employed, s corp, c corp

> etc... I know it doesn't sound fair, but its true. I know you have a book

that

> says something else but a great deal of law is based on precedent (sp?). The

> fact is that most plaintiff attys won't ask for more than the malpractice

> limit but in Ohio there is precedent for going above for REALLY BAD behavior

> and the physician can be personally liable for a settlement. The health care

> atty I consulted with when I formed my last " partnership " (we actually shared

> space, call, staff etc... but were individual business owners) said those

> instances involved criminal malpractice type cases of intentional wrong

doing.

>

> I was a sole proprietor for a while. The main reason I incorporated is that

> the self employment tax was a lot (can't remember amt) until you reach $80 K

> in income and I had a hard time getting there. My accountant recommended llc

> or c corp, which she did for me at $500, and I saved that in self employment

> tax in the first year. You are at risk for those slip and fall type suits,

> but again, I had business insurance.

>

> Remember that sometimes books get quickly outdated in medicine, I think that

> is probably true for other things as well.

>

>

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Share on other sites

Guest guest

Our attorney, who suggestes an LLC, said that none of our personal assets are at risk, only those of the LLC. A judgment could max out our malpractice limit and take all that our office possesses but I don't think it can go beyond that into personal assets..........but maybe my attorney was wrong

Rian Mintek, MD

Re: Practice Types

The recent Family Practice Management journal article on this topic concluded by stating that the author generally recommends a sole proprietorship to new solo docs and an S-Corp to new groups. Of course, everyone should carry malpractice insurance as well as practice liability insurance. Everyone's personal assets are at risk in the case of a malpractice award exceeding your insurance limits (rare as this is), no matter what type of practice you are in. I believe this is the more likely scenario then someone slipping on my sidewalk & winning a suit past my insurance limits. That being said, may none of us ever be involved in any such suits!Sharon At 03:13 PM 5/17/2006, you wrote:

I did not respond to the poll. Been too busy to even read the messages. But this one caught my eye. I am a sole proprietor. Five years ago, when setting all of this up, I did consult an attorney and an accountant about the best type of practice to set up. I was advised to just take the sole proprietor route. When I asked about liabilities, I was told that in my state, even as a small corp, litigants had successfully argued that personal assetts should be reach-able, since the solo dr. is the corp and the corp is the solo doctor. I was told that this probably wouldn't matter, but we put the house in the wife's name anyway, just to be safe. So maybe the risk of being a sole proprietor varies from state to state?Greg Brock DO wrote:> As I mentioned before, I sure hope those 7 people that responded as > “sole proprietor” are either mistaken or have checked with a good > health care attorney because that is supposedly an absolute no-no, > unless you want to risk everything you own.>> >

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