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

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

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

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

Most-Invasive-Procedure-of-the-Month Award

Back in 2010 the police asked Dr. LaPaglia to conduct a body cavity search of Felix Booker. They were looking for illegal drugs. Dr. LaPaglia said yes and proceeded. First, he paralyzed Felix with drugs (legal ones). Then...more

The Evolution of Informed Consent in U.S. Courts [Video]

Learn about the history of how informed consent has been handled by our court system - 202-742-1500. We also invite you to read more about the landmark case, Canterbury v. Spence:...more

Understanding the Relationship Between Medicare and Medicaid Liens and Litigation

Behind many personal injury and professional malpractice cases lurks a nagging reality that will almost always impact settlement negotiations – a Medicare or Medicaid lien. In general, a lien is a security interest granted...more

Health Alert (Australia) - August 11, 2014

In This Issue: Judgments; Legislation; and Reports. - Excerpt from Judgments: Western Australia (WA) - 4 August 2014 - Frew v Donate Life (N.M.A.H.S.) [2014] WADC 96 - Workers' compensation - appeal...more

What patients misunderstand about their right of informed consent [Video]

Many patients misunderstand what "informed consent" is all about. They often believe it's about signing a form ahead of surgery that acts as a waiver against any rights they may have for legal recourse if the surgery goes...more

Worthless Services/Substandard Quality of Care Criminal Prosecutions May Be on the Rise

If you are an operator of a skilled nursing facility (SNF), you might have faced the reality of insufficient medical staff and how it impacts your ability to deliver quality patient care to your residents. Or, you might have...more

Update on medical indemnity claims statistics – Trends and risk areas

On 11 July 2014, the Australian Institute of Health and Welfare released the latest in its series of reports on medical indemnity claims in the public and private sectors. The report examined claims made, current or...more

Attorneys in the Time of Cholera

This is the story of how lawyers are fighting the cholera epidemic in Haiti. I am a physician with a subspecialty in infectious diseases. Since 2003, I have periodically travelled to Haiti to deliver basic medical care in...more

Health Alert (Australia) - June 30, 2014

In This Alert: Judgments; Legislation; and Reports. Excerpt from Judgments: Commonwealth - 20 June 2014 - Hunter and New England Local Health District v McKenna; Hunter and New England Local...more

Health Alert (Australia) - June 16, 2014

In This Issue: Judgments; Legislation; and Reports. - Except from Judgments: New South Wales - 12 June 2014 - Rosten v Mid North Coast Local Health District [2014] NSWIRComm 29 - This was...more

Health Alert (Australia) - June 10, 2014

In This Issue: Judgments, Legislation and Reports. Excerpt from Reports: Queensland. Department of Health - 3 June 2014 - Strong plan delivers improving health services. The Health budget for...more

Pejorative Statements by Former Patient are not Defamatory, but Protected Opinion

It is fair to say that doctors trade on their reputations more so than most other professionals. When one relies on the doctor to ensure his or her health, and occasionally save a life, the import of such a choice often...more

Health Alert (Australia) - May 19, 2014

In This Issue: Judgments, Legislation, and Reports. - Excerpt from Judgments: Commonwealth - 13 May 2014 - Sklavos v Australasian College of Dermatologists [2014] FCA 476 - This was a Federal...more

Health Alert (Australia) - May 12, 2014

In This Issue: Judgments; Legislation; and Reports. JUDGMENTS - New South Wales (NSW)- 6 May 2014 - Health Care Complaints Commission v Khalsa (No 2) [2014] NSWCATOD 47 - This was an application...more

Health Alert (Australia) - May 5, 2014

In This Issue: Judgments; Legislation; and Reports: Excerpt from JUDGMENTS- New South Wales - 2 May 2014 - Health Care Complaints Commission v Qasim [2014] NSWCATOD 42 - This was a...more

Androgen Study Group Pushes for Retraction of JAMA Testosterone Study

The Journal of the American Medical Association Under Fire - The battle is on for plaintiff’s attorneys looking to litigate testosterone replacement therapy (TRT) cases – one of two pivotal studies in relation to TRT...more

Health Alert (Australia) - 28 April 2014

In This Issue: Judgments; Legislation; and Reports. Except from Judgments: 24 March 2014 - Tasmanian Board of the Medical Board of Australia v Dr David Edis (Ref No 4/2013) [2014] TASHPT 1 - This was an...more

Is the Irreversible Truly Unforeseeable?: The Law of Suicide

According to the Centers for Disease Control and Prevention, the number of suicide deaths in 2010 was 38,364, making it the tenth leading cause of death in America. For younger demographics, the numbers are even more...more

Florida Supreme Court Strikes Down Wrongful Death Non-Economic Damages Cap for Med Mal Cases

On March 13, 2014, the Florida Supreme Court, in a 5-2 ruling, issued its long-awaited opinion following review of the Eleventh Circuit Court of Appeal’s decision in Estate of McCall v. United States, 642 F.3d 944 (11th Cir....more

Medicare Change Means Those with Small Personal Injury Claims Can Settle Cases Quickly

Beginning on October 1, 2014, Medicare will no longer attempt to obtain reimbursement from personal injury plaintiffs with claims worth less than $1,000, and those beneficiaries will no longer have to give Medicare notice of...more

Health Alert (Australia) - 7 April 2014

In This Issue: Judgments; Legislation; and Reports. - Excerpt from Judgments: New Zealand 24 March 2014 - Wooton v Accident Compensation Corporation [2014] NZACC 77 [1]: This appeal concerns a treatment...more

Health Alert (Australia) - 31 March 2014

In This Issue: Judgments; Legislation; and Reports. Excerpt from Judgments: New South Wales - 4 March 2014 - Re JS [2014] NSWSC 302 - This was an application for declaratory relief made by the...more

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