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There has been a lot of talk amongst the plaintiff’s bar relating to Medicare Set-Asides (MSA*) and whether they are required when we recover money for a Medicare-eligible client. As one who takes a particular interest in...more
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
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
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
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
Recently, the U.S. Court of Appeals for the Eleventh Circuit, in a case of first impression, held that the named plaintiffs in a putative class action could pursue their claims for monetary loss from a health care company...more
California Code of Civil Procedure section 425.13 precludes a claim for punitive damages in an action seeking damages arising out of a health care provider's negligence unless the plaintiff first obtains a court order. To...more
In December, the California Court of Appeal affirmed summary judgment to an insurer that had rescinded its healthcare policy because the insured made material misrepresentations in a policy application. Hagan v. California...more
Two recent Florida Supreme Court decisions have resulted in major gains for nursing home residents and their families. Both Shotts v. OP Winter Haven and Gessa v. Manor Care of Florida struck down a segment of nursing home...more
Dentists and doctors increasingly are policing what you say online about their services. In the most recent case, a prominent New York dentist, Dr. Stacy Makhnevich, threatened to sue a former patient, Robert Lee, over a...more
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
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 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
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
Occasionally, one of my clients asks me to sign a lien agreement with a company offering to advance money to the client based on the client's potential permanent partial disability award at the end of his claim. I have never...more
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
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
In a decision rendered in the context of a cigarette product liability case but with broad implications for product manufacturers and sellers, the Massachusetts Supreme Judicial Court (“SJC”) has recognized a cause of action...more
Mintz v. Blue Cross of California, __ Cal. App. 4th __, 2009 WL 1019039 (April 16, 2009). On April 16, 2009, the Second Appellate District in Mintz v. Blue Cross of California, found Blue Cross liable in negligence when...more
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