Personal Injury Health Civil Procedure

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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

Illinois Supreme Court Agrees to Decide Whether Fees Must be Deducted From Health Care Settlements Before Applying Liens

In the final days of its November term, the Illinois Supreme Court allowed a petition for leave to appeal in McVey v. M.L.K. Enterprises, LLC. McVey, a case from the Fifth District, presents the following question: must...more

Connecticut Supreme Court Allows Plaintiffs to Circumvent HIPAA’s No Private Right of Action Clause

In an opinion released on November 11, the Connecticut Supreme Court ruled on whether the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations preempt a common law claim for...more

Connecticut Supreme Court Ruling Allows Private Plaintiff to Assert Negligence Claims Based on HIPAA

Recently, the Connecticut Supreme Court ruled that a plaintiff may assert state law negligence claims against a healthcare clinic that allegedly released confidential patient health data based on the Health Insurance...more

Connecticut Supreme Court Overturns HIPAA-Based Dismissal of State Law Privacy Claims

On Tuesday, November 4, 2014, the Connecticut Supreme Court announced its decision to overturn a trial court’s determination that a plaintiff could not bring state common law claims for negligence and negligent infliction of...more

Responding to Subpoena for Medical Records May Create Liability for Healthcare Providers Under State Law Negligence Claims

Healthcare providers receiving a subpoena for patient medical records may want to think twice before complying with the subpoena and producing the records. A recent Connecticut case, Byrne v. Avery Center for Obstetrics and...more

A Recent State Supreme Court Ruling Opens the Door for Breach of Privacy Claims Against Health Care Providers

It has long been established that there was no private right of action with regard to HIPAA. All providers must be aware that state courts are beginning to turn the tide regarding such liability. On November 11, 2014, the...more

Connecticut Supreme Court Recognizes Right to Sue for Negligence Using HIPAA as Standard of Care

In a decision released November 11, 2014, the Connecticut Supreme Court reversed the judgment of the trial court and held for the first time in Connecticut that (1) HIPAA does not preempt state common law claims for...more

High Court finds no duty of care

In Hunter and New England Local Health District v McKenna; Hunter and New England Local Health District v Simon & Anor [2014] HCA 44, the High Court unanimously allowed appeals from the New South Wales Court of Appeal, and...more

Blog: Connecticut Court Holds HIPAA Does Not Preempt Common Law Claim for Breach of Confidentiality

The Connecticut Supreme Court held that the federal Health Insurance Portability and Accountability Act (HIPAA) does not bar individuals from bringing negligence and emotional distress claims under state common law for breach...more

High Court hears appeal on hospital’s duty of care to man murdered by mental health patient

Last week, the High Court of Australia heard argument in an appeal against the decision of McKenna v Hunter & New England Local Health District; Simon v Hunter & New England Local Health District [2013] NSWCA 476. The...more

Health Alert (Australia) - October 20, 2014

In This Issue: Judgements, Legislation, and Reports. Excerpt from Judgments: Commonwealth - 15 October 2014 - Gray v Richards [2014] HCA 40 - In 2003, a 10-year-old girl...more

Did the Federal Court Protect the Wrong Doctor?

Last week in a medical malpractice case in Alabama, a federal court denied the plaintiff’s motion to compel production by a hospital of the defendant doctor’s personnel file. The plaintiff believed that the file could show...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

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) - 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

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

Illinois Supreme Court Defines "Good Samaritan" in Medical Malpractice Case

Nearly every state has some variation on a "Good Samaritan" law. In Illinois, the statute says that any licensed medical professional "who, in good faith, provides emergency care without fee to a person, shall not, as a...more

Argument Report: Illinois Supreme Court Debates the Scope of the Good Samaritan Act

Our reports on the oral arguments of the recent term of the Illinois Supreme Court continue with Home Star Bank & Financial Services v. Emergency Care & Health Organization, Ltd. Home Star poses the question of whether...more

Washington Supreme Court Limits Attorney-Client Communications with Employed Health Care Practitioners

Last week's decision by the Washington Supreme Court in Youngs v. PeaceHealth has significant implications for health care providers that employ physicians (or other health care practitioners) and the attorneys who represent...more

Affordable Care Act Has Potential to Limit a Defendant’s Exposure for Future Medical Costs in New York Personal Injury Litigation

Generally overlooked in the national debate surrounding the Patient Protection and Affordable Care Act (ACA) is the effect the new law will have on personal injury litigation. If standard loss-allocation and mitigation rules...more

Appellate Court Notes - Week of December 23

AC34963 - Compassionate Care, Inc. v. Travelers Indemnity Co. - The plaintiff was in the business of maintaining a list of nurses it referred out, as needed, to hospitals and nursing homes. It did background checks on...more

Health Alert (Australia) - 18 November 2013

In This Issue: - Judgments - Legislation - Reports - Excerpt from Reports: Australia. Private Health Insurance Administration Council - 13 November 2013 - Industry consultation – Second round...more

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