Hip & Knee Surgery - Orthoworld

THE TOP LINEcontinued from page 10It is obvious to me that the copious rule changes (or moreaccurately put, the more stringent enforcement of the rules), has beenmore than just an annoyance to many physicians. Many consultingsurgeons feel devalued. And, as I fearfully predicted several yearsago in this very column, that mindset makes them unwilling toparticipate in the design and development of new products andsurgical techniques unless their work is compensated commensuratelywith the work that they do in their medical practices, which isusually not possible. For what it is worth, I agree that the currentclimate does not allow for appropriate compensation of certainphysicians in certain circumstances. 2 Any change in that regard,however, must be systemic, not made on a case by case basis. And myrecommendation to any physician who recognizes himself in the“who doesn’t get it” category is that he should be mindful of the factthat until the compliance culture itself begins to allow for some of thevariations that I think should exist, the bright line rule is the best rule.So in this one instance, let your students and other surgeonyoungsters be your mentors. Follow their lead, accept the rules asthey have (as if you have known nothing else), and exercise yourfirst amendment right to free speech in an effort to make the rulesa better fit for all who practice orthopaedic medicine. I shall joinyou in the fight.The Law Offices of Teresa Ford, PC (www.tfordlaw.com), located inHouston, Texas and Kirkland, Washington, specialize in healthcare andmedical device issues. Areas of expertise include healthcare complianceprogram structuring and training, as well as advising individualphysician clients. Founding partner Teresa Ford spent many years in themedical-legal arena, most recently prior to starting the firm as seniorcounsel for Sulzer Medica USA Inc. She can be reached at 425-898-2140or tford@tfordlaw.com.Law Offices ofTeresa Ford, PCProud to serve the physician community in matters ofhealth care compliance and business structuring615 Market Street Suite C, Kirkland, WA 98033425.898.2140 (WA office phone)425.307.6561 (WA office fax)www.tfordlaw.com2. Some of the trickier issues include the use of stock or other equitable compensation in connection with work for small start-up device companies, and the use ofroyalties as compensation for strategic guidance and intellectual property utilized in items for which no sales revenue is realized, e.g., computer assisted surgeryhardware and software and certain diagnostic instruments and equipment. More on these issues in a future article.November/December 2009 • ORTHOPAEDIC PRODUCT NEWS 11