Health Law › Civil Remedies › Consumer Protection

Surprising Risk of Discrimination Claims for Restaurants Moving Away from Meal Customization

Chicago, IL, April 15, 2013 - Many restaurants, especially upscale and higher-end independents, are moving toward prix-fixe menus, tasting menus, and policies that restrict additions, subtractions, and substitutions. Such...more

Shoulder Dystocia and the Duty of Informed Consent

This article discusses the need for medical practitioners to consult state law rather than rely exclusively on ACOG Practice Bulletins when attempting to determine their obligation of informed consent when it comes to the...more

First State Attorney General Action under HITECH

On January 19, 2012, Minnesota Attorney General Lori Swanson exercised her authority under the HITECH Act by filing a lawsuit against a business associate for the failure to protect protected health information ("PHI") and...more

Prime Partners of Temecula, Inc. v. Kali P. Chaudhuri et al.

Complaint for Fraud, Racketeering and Corruption

Filed Oct. 31 in Riverside County Superior Court, the lawsuit alleges that Dr. Kali P. Chaudhuri, who is a majority stakeholder in the Integrated HealthCare Holdings, Inc. (IHHI), which owns the Western Medical Centers of...more

New Jersey False Claims Act Is Not Retroactive

Qui tam claims by whistleblowers or relators are most commonly brought under the federal False Claims Act for 15-30% of whatever funds the Government recoups from Medicare fraud as an example. Yet, some states have legislated...more

California Supreme Court: State Laws on Disclosure of Protected Health Information Are Not Preempted

California has long been considered a bastion of consumer protection and individual privacy rights. By its recently issued decision in Brown v. Mortensen, (2011) 51 Cal. 4th 1052 the California Supreme Court buttressed that...more

La responsabilità professionale medica

Aspetti e considerazioni sulla responsabilità professionale medica...more

New Restitution Remedy Proposed for Insurers and Licensees in California

On March 1, 2011, California State Senator Noreen Evans introduced Senate Bill 361 as spot bill legislation. The legislation was at the request of California Insurance Commissioner Dave Jones who seeks to enable consumers to...more

Bad Doctors - Who is Minding the Store?

An updated annual ranking of state medical boards by the consumer advocacy group Public Citizen reveals widespread discrepancies in both the numbers of disciplinary actions taken against physicians' licenses, and the rates of...more

Lebron v. Gottlieb Memorial Hospital

In a success for plaintiffs, the Illinois Supreme Court strikes down medical malpractice law

In a boon to plaintiff lawyers, the Illinois Supreme Court strikes down medical malpractice law. In 2005, a statute took effect in Illinois that placed limits on awards for noneconomic damages, such as pain and suffering,...more

Breast Cancer Litigation: When is the Physician Liable?

Family practitioners, obstetrician-gynecologists, and internists are gatekeeper physicians with the first professional opportunity to detect breast cancer. When they fail, the results can be fatal....more

Medicare Rights, Las Vegas, Nevada, Finding

Section 2: Your Medicare Rights If you have Medicare, you have certain guaranteed rights and protections. You have these rights whether you have the Original Medicare Plan (with or without a Medigap policy) or a Medicare...more

U.S. ex rel. Stephen Paranich v. Sorngard, Irwin Leasing Corp

Physician as Whistleblower on Notice:Unnecessary Additional Information seen by Government as Self-Motivated Desire to be...

Physician as whistleblower or relator in a qui tam claim, pursuant to the False Claims Act, responded too vigorously to a limited Government subpoena by unnecessary and intensive internal investigations viewed by the...more