Health Personal Injury

Read need-to-know updates, commentary, and analysis on Health issues written by leading professionals.
News & Analysis as of

"Defamation Claims Brought by Texas Health Care Providers Will Be Subject to Anti-SLAPP Act Requirements"

Health care providers should keep in mind that virtually any suit alleging defamation or other harm from a “communication” relating to the provision of services by a health care professional will be subject to the demanding...more

Health Alert (Australia) - April 28, 2015

In This Issue: Judgments; Reports; and Legislation. Excerpt from Judgments: Australia. Federal Court - 15 April 2015 - Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in...more

5 technologies that hospitals should use to prevent medical errors

A recent report found in the Journal of Patient Safety states that between 210,000 and 440,000 patients die in U.S. hospitals every year due to preventable medical error. ...more

Are hospitals or medical scope companies to blame for Superbug breakouts?

The price of liability can be extremely high. A medical malpractice lawyer in Lake County understands that when doctors, staff or manufacturers make medical mistakes, they are not likely to readily admit their errors. ...more

Do electronic records pose a risk to patient safety?

The Affordable Care Act has changed many facets of health care for Illinois residents. Not all of these changes are necessarily beneficial. In 2009, the new law offered incentives for doctors who began using electronic health...more

Genetics-based medical treatment is not without problems

Many doctors and politicians are hailing genetics-based medical treatments as the future of medicine. With the personalized attention this medical approach allows, patients are expected to soon receive the best possible care...more

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

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

Toward Class Actions for Health-Related Claims in France

Class actions – which are progressively becoming part of the legal landscape in France as “actions de groupe” – will probably soon be extended to personal injury claims against health products manufacturers, suppliers or...more

Health Alert (Australia) - March 30, 2015

In This Issue: Judgments; Legislation; and Reports. Excerpt from Judgments: New South Wales - 25 March 2015 - Smythe v Burgman (No 2) [2015] NSWSC 150 - The New South Wales Supreme Court has held...more

Laypersons’ Observations of Hospital Staff’s “Lack of Urgency” in Treating Relative Sufficient to Sustain Claim for Negligent...

In Keys v. Alta Bates Summit Medical Center (filed 2/23/2015, certified for publication 3/25/2015, No. A140038) the California Court of Appeal, First District, affirmed a jury verdict for Plaintiffs on a cause of action for...more

Failure to Warn About Dangers of Off-Label Use of Medical Device Preempted Under Federal Law

In Thorn v. Medtronic Sofamor Danek, USA, the Honorable Janet T. Neff dismissed the plaintiff's state law claims of failure to warn and negligence as preempted under the Medical Device Amendments of 1976 ("MDA"), 28 U.S.C. §...more

NJ Appeals Court Upends Nursing Home Negligence Suit

In a decision with far-reaching ramifications for long-term care litigation, the Superior Court of New Jersey, Appellate Division held that § 30:13-4.2 of the Nursing Home Responsibilities and Residents’ Rights Act (NHA) does...more

How to Avoid Negligent Credentialing Liability

In the seminal decision Darling v. Charleston Community Memorial Hospital (1965), the Supreme Court of Illinois held for the first time in the United States that a hospital is legally responsible for making sure that a...more

Lessons Learned from the Anthem Cyber-Attack and Corresponding “HIPAA Actions”

Anthem Inc. (“Anthem”), the nation's second-largest health insurer, disclosed on Wednesday, February 4, 2015, that it was the victim of a major cyber-attack. According to Anthem, the attack exposed personal information of...more

Nursing Home Lawsuits - The Need to Ensure Best Practices in Clinical Record Keeping

As more and more lawyers focus their attention on bringing claims against Skilled Nursing Facilities in the State of New York, we cannot underestimate the importance of ensuring best practices in clinical record keeping. ...more

Appellate Court Notes

SC18928 - Rathbun v. Health Net of the Northeast, Inc. - In Connecticut, the Department of Social Services manages the federal Medicaid act and awards contracts to Medicaid managed health care providers. The defendant...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

PHIPA offers “no shelter” to Ontario Hospital from class proceedings for breach of privacy

Back in 2012, the Ontario Court of Appeal recognized the tort of invasion of privacy – fast forward to the recent string of privacy breaches of personal information held by health care facilities in Ontario. Along comes...more

Olympus Sued Over “Superbug” Infections

The New York Times recently reported that 179 patients at the UCLA Ronald Reagan Medical Center were exposed to a potentially deadly “superbug” between October of 2014 and January of 2015. As of February 18, the infection of...more

Ontario Court of Appeal Allows Privacy Tort in Medical Records Context

A recent decision of the Ontario Court of Appeal has clarified the scope of the tort of “intrusion upon seclusion” first recognized by the same court in Jones v. Tsige in 2012. In Hopkins v. Kay, a proposed class action...more

California's Patients' Rights Statute Limits Statutory Damages to a Maximum of $500, Not $500 Per Violation

In Lemaire v. Covenant Care California, LLC, 2015 WL 340677, the Second District Court of Appeal held that while patients may sue nursing facilities under California Health & Safety Code §1430(b) for violation of federal and...more

A Measle-ly Lawsuit: Can Parents Who Don’t Vaccinate their Children be Sued?

Yearning to leave the frozen wasteland of Dallas, Texas behind her if just for a moment, Penny McCrathy, an outspoken anti-vaccination advocate, took her unvaccinated children to Disneyland in Anaheim, California. Not knowing...more

Anthem Data Breach Spawns Class Action Suits and “Phishing” Scams

Last week, Anthem Inc. – the nation’s second largest health insurer – reported a data breach involving the disclosure of the personal information of over 80 million patients and employees. Plaintiffs wasted little time...more

The Anthem Data Breach: The Fallout and What’s Next

By now (unless you have been under a snow drift), you have likely heard about the apparent intrusion into a database at the nation’s largest health insurer, Anthem, Inc. Rather than reiterate the facts as currently known...more

Health Alert (Australia) - February 9, 2015

In This Issue: Judgments; Legislation; and Reports. Excerpt from Judgments: Western Australia (WA) - 29 January 2015 - Yoong And Medical Board Of Australia [2015] WASAT 6 - National Law -...more

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