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Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Maryland Court of Special Appeals Says No Breach of Contract Claim Unless Doctor Makes Special Promise Regarding Medical Treatment

by Miles & Stockbridge P.C. on

In a decision handed down on April 27, 2017 in the case of Heneberry v. Pharoan, the Maryland Court of Special Appeals rejected a breach of contract claim against a doctor who failed to completely perform a surgical...more

Is Your Arbitration Agreement Enforceable?

by Snell & Wilmer on

Health care providers may favor arbitration due to the perception that it is a faster, less expensive alternative to litigation. State and federal policy favors arbitration for the same reasons.  Because of the strong public...more

Health Alert (Australia) - February 22, 2016

by DLA Piper on

IN THIS ISSUE: In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Queensland 12 February 2016 - Gobus v State of Queensland (Cairns and Hinterland Hospital and...more

Health Alert (Australia) - November 2, 2015

by DLA Piper on

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments Australian Capital Territory 29 October 2015 - In the matter of ER (Mental Health and Guardianship and...more

Ky. Ruling Casts Doubt on Health Care Arbitration Agreements

by Faegre Baker Daniels on

Health care institutions in Kentucky may want to take a fresh look at their patient arbitration provisions, in light of a September 24 decision by the Kentucky Supreme Court. Out-of-state institutions may want to take a...more

Health Care Arbitration Agreements: Five Ways to Improve Enforceability

by Nexsen Pruet, PLLC on

Common law judicial doctrines in almost every state discourage and restrict arbitration agreements covering personal injury or death claims. This is particularly true regarding admission contracts to nursing homes or...more

Beware medical records subpoenas: Connecticut Supreme Court issues opinion on negligence for noncompliance with HIPAA standards

by Robinson & Cole LLP on

Health care providers and their medical records custodians constantly find themselves under pressure to release medical records immediately upon receipt of a subpoena. However, regardless of the subpoena or the pesky...more

Cancellation and Delay Waive Right to Later Rescind Ab Initio

In DuBeck v. Cal. Physicians' Service (No. B250129, filed 3/5/15), a California appeals court held that Blue Shield’s initial decision to cancel a healthcare policy for application misrepresentations constituted a waiver of...more

Pennsylvania Nursing Home That Failed To Sign Arbitration Agreement Cannot Seek to Enforce the Agreement

by Tucker Arensberg, P.C. on

On January 15, 2015, the Pennsylvania Superior Court in Bair v. Manor Care of Elizabethtown, PA, LLC 2015 Pa. Super. 9 (2015) ruled that a nursing home arbitration agreement was not enforceable when the facility did not sign...more

Provider Beware: HIPAA and State Privacy Laws May Inform Negligence Suits

A recent opinion from the Connecticut Supreme Court illustrates that HIPAA is not the only law that covered entities and business associates must worry about if an unauthorized disclosure of protected health information (PHI)...more

Arbitration Agreements in Nursing Home Admission Agreements

by Wilson Elser on

In response to increasing runaway verdicts with large awards for punitive damages, many nursing homes are including arbitration clauses in their admission agreements. The U.S. Supreme Court’s decision in Marmet Health Care...more

Will your errors and omissions policy pay your defense costs?

The hypothetical - HealthPayPlus (HPP) designs custom record management systems for large hospital systems. HPP developed a system for Research Hospitals of America (RHA) that HPP promised would revolutionize RHA’s...more

Torts – Effect of The Howell Decision on Liens Brought Under The Hospital Lien Act

by Low, Ball & Lynch on

Dameron Hospital Association v. AAA Northern California, Nevada, and Utah Insurance Exchange et al. - California Court Of Appeal, Third Appellate District (September 4, 2014) - In Howell v. Hamilton Meats (...more

Insurers, Be Ready To Pay Twice In Texas

by Zelle LLP on

Often, an insurance carrier will issue a check to two joint payees — the named insured and either a public adjuster or a mortgagee. What happens when the one payee cashes the check without first obtaining a signature from the...more

Imagination-in-Pleading Award

by Faegre Baker Daniels on

When Oklahoma Blue Cross-Blue Shield terminated Dr. Gude’s provider agreement, he decided to fight back. He sued the Blues in federal court, alleging they had violated—and this is the imaginative part—Oklahoma’s Consumer...more

Massachusetts Mandates Prompt Investigation, Encourages Insurers to Offer Deadline Extensions to Bombing Victims

by Cozen O'Connor on

On Monday of this week, the Massachusetts’s Division of Insurance issued a bulletin mandating prompt investigation of business interruption, property damage and medical insurance claims by policyholders victimized by the...more

What's In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement

by Poyner Spruill LLP on

Many nursing homes and assisted living communities commonly include arbitration agreements as part of their admission agreement and documents. Typically, these agreements require residents or their legal surrogates to...more

How Requiring Uninsured Patients to Pay Chargemaster Rates Impacts Personal Injury Cases

by Pavlack Law, LLC on

This week we discuss the Indiana Supreme Court decision in Allen v. Clarian Health Partners, Inc., which held that uninsured patients were required to pay the chargemaster rates and not a reasonable rate. Our analysis focuses...more

Data Privacy And Protection Efforts Start With A Company Policy, But Don’t End There

If your company has a data privacy policy in place, make sure you live up to its provisions. Failure to do so makes it more likely that the Federal Trade Commission (“FTC”) will pursue an enforcement action against the...more

Bar Issues Opinion That Indemnification As Condition of Settlement Is Unethical

by Sands Anderson PC on

The Virginia State Bar’s Standing Committee in Legal Ethics recently issued a legal ethics opinion declaring it unethical for plaintiff’s lawyers to agree to indemnify a defendant and/or his insurer for any third party lien...more

Insurance Legal News: September/October 2011 • Volume 4, Number 5

by Dickinson Wright on

In this issue: Health Insurance Exchange Framework Beginning to Take Shape; State-Based Surplus Lines Insurance Reform Faces Uncertain Future; Sixth Circuit Holds Private Provider Need Not Demonstrate Responsibility of...more

Howell Decision: Past Medical Expense Damages Limited to Amount Paid

by Low, Ball & Lynch on

Howell v. Hamilton Meats & Provisions, Inc., 2011 Cal. LEXIS 8119 California Supreme Court, August 18, 2011 On August 18, 2011, the California Supreme Court handed down its long-awaited decision in Howell v. Hamilton...more

Weekly Law Resume - March 3, 2011: Damages - Reduction Of Medical Specials To Amounts Paid

by Low, Ball & Lynch on

Ingrid Cabrera v. E. Rojas Properties, Inc. Court of Appeal, Second District (February 24, 2011) This case follows a recent string of cases addressing the application of the collateral source rule to plaintiff's recovery...more

Can I Be Sued? Legal protections for physician leaders

In this Presentation: *Areas of Risk *Types of Legal Claims Filed *Legal Defenses and Protections *Defensive Measures to Consider in Order to Avoid/Limit Risk Please see full presentation below for more...more

Medical Staff Bylaws: How to create documents that are clear, compliant, and fair

In this Presentation: *How did we get here? *Erosion of “the club” *Why an “organized” medical staff? *Why bylaws? *Bylaws components *Commonly encountered bylaws weaknesses: *Conflict of interest *Member’s...more

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