Administrative Agency Civil Procedure Professional Malpractice

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.
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Taking Down the Flagg: Fifth Circuit Remands Med Mal & Device Case for Lack of Diversity Despite Uncompleted Administrative Review...

A divided panel (2-1) of the U.S. Circuit Court of Appeals for the Fifth Circuit recently held that failure to exhaust a state law pre-suit medical panel review process did not subject the plaintiff’s claims against the...more

Developments in Long-Term Care – Q1 2015

The following summary highlights key federal court cases and administrative decisions involving skilled nursing facility survey issues during the first quarter of 2015. Federal Court Cases - Fifth Circuit Upholds...more

Do Lawyers Professional Liability Policies fall within the “no prejudice” amendments to New York’s Insurance Law for late notice?

The New York State Insurance Department has issued an ambiguous opinion taking the position that the amendment to Insurance Law §3420(a)(5), changing the “no prejudice” rule, applies to all liability policies, which arguably...more

Illinois Supreme Court Handing Down Bartlow and Evanston Insurance on Friday Morning

The Illinois Supreme Court has announced that it will file opinions in two civil cases on Friday morning at 10 a.m. The cases and issues presented are...more

Filing Indiana Med Mal Complaint via Third-Party Carrier Does Not Toll Statute of Limitations

In this installment we discuss the recent Indiana Court of Appeals decision Moryl v. Ransone, which addresses the impact on the statute of limitations of filing a medical malpractice claim with the Indiana Department of...more

Weekly Law Resume - December 20, 2012: California Supreme Court Affirms Express Delivery Provisions of Government Claims Act

Hope DiCampli-Mintz v. County of Santa Clara, et al. - California Supreme Court (December 6, 2012) - Government Code section 915(a) establishes the manner of delivery of a claim against the government. It requires that...more

Appellate Procedure & Jurisdiction

UPDATED THROUGH September 4, 2012 Harmless Error – Medical Malpractice. Question certified: To avoid a new trial in a civil case, does the beneficiary of the error in the trial court have to show on appeal that it is...more

Admissibility of Social Security Disability Determination as Evidence of Causation in a Civil Suit

Counsel defending serious toxic exposure or personal injury claims are often faced with a determination by the Social Security Administration (SSA) that the plaintiff is disabled. More importantly, the finding will often...more

Honorarios de abogado y recurso directo de revisión, artículo 454.bis LEC

Publicado en VLex 16/05/2012 El motivo de este trabajo, es expresar y fundamentar acabadamente el parecer contrario, haciéndonos eco,nada menos, que de la voz de autoridad de la Sala de lo Civil del TS, en distintas...more

Case Study in Nevada: The Allegedly Unsafe Medical Provider and ERISA Preemption

In Cervantes v. Health Plan of Nevada, 263 P.3d 261 (Nov. 2011), the plaintiff commenced an action against a managed care organization (MCO) alleging it violated Nevada's quality assurance laws and regulations when MCO...more

Court filings and privacy-a double edged sword

Eric Turkewitz at the New York Personal Injury Law Blog recently noted that a New York court wisely banned the use of social security numbers in subpoenas: (Y)esterday, in the New York Law Journal, (no link) comes the...more

Historial clínico médico y prueba de la relación de causalidad.-

Historia clínica y sus posibles utilidades como prueba de la relación de causalidad. Concepto de historia clínica. Avances jurisprudenciales. -...more

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