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Developments in Long-Term Care – Q1 2015

The following summary highlights key federal court cases and administrative decisions involving skilled nursing facility survey issues during the first quarter of 2015. Federal Court Cases - Fifth Circuit Upholds...more

New state law allows access to investigational drugs

In line with a nationwide movement, on April 21, 2015, Governor Fallin signed into law House Bill 1074, the Oklahoma Right to Try Act. The Act allows physicians to prescribe to terminally ill patients investigational drugs,...more

DTSC Releases Final Priority Product Work Plan

On April 16, 2015, the California Department of Toxic Substances Control (DTSC) released its much anticipated Final Priority Product Work Plan under the Safer Consumer Products Regulations. The Work Plan, initially proposed...more

Health Alert (Australia) - December 8, 2014

In This Issue: Judgments and Reports. Excerpt from Reports: Australia. Department of Social Services - 4 December 2014 - 2014 Aged Care Approvals Round (ACAR) results. Senator Mitch Fifield,...more

Do Lawyers Professional Liability Policies fall within the “no prejudice” amendments to New York’s Insurance Law for late notice?

The New York State Insurance Department has issued an ambiguous opinion taking the position that the amendment to Insurance Law §3420(a)(5), changing the “no prejudice” rule, applies to all liability policies, which arguably...more

The fiduciary exception to the attorney-client privilege: A recent development

In a suit by the beneficiary against the trustee, is the trustee entitled to assert the attorney-client privilege against the beneficiary, or is there a fiduciary exception to the attorney-client privilege? As to...more

Maine Supreme Court Clears Geologist In Ethical Dispute

Last week the Maine Supreme Judicial Court (the “Law Court”) issued a decision that reversed a determination by the Maine Board of Certification for Geologists and Soil Scientists (the “Board”) that a certified geologist had...more

Illinois Supreme Court Handing Down Bartlow and Evanston Insurance on Friday Morning

The Illinois Supreme Court has announced that it will file opinions in two civil cases on Friday morning at 10 a.m. The cases and issues presented are...more

Next Accreditation System – Interview with Andy Roth, Member, Mintz Levin [Video]

Attorney Andy Roth, Member of Mintz Levin's Health Law Practice, explains the changes to the ACGME’s accreditation methodology with the adoption of the Next Accreditation System (NAS). ...more

Health Alert (Australia) - September 23 2013

In This Issue: - Judgments - Legislation - Reports - Excerpt from Reports: ..Australia. Health Practitioner Regulation Agency (AHPRA) and the boards 16 September 2013 - The national Boards have...more

Filing Indiana Med Mal Complaint via Third-Party Carrier Does Not Toll Statute of Limitations

In this installment we discuss the recent Indiana Court of Appeals decision Moryl v. Ransone, which addresses the impact on the statute of limitations of filing a medical malpractice claim with the Indiana Department of...more

The Trust Being a Multi-Party Relationship, Whom Legal Counsel Represents Can Get Complicated

The trust being a multi-party relationship, it is not always that easy to discern at any given time whom legal counsel is representing, or should be representing, in matters relating to the trust’s creation and...more

Weekly Law Resume - December 20, 2012: California Supreme Court Affirms Express Delivery Provisions of Government Claims Act

Hope DiCampli-Mintz v. County of Santa Clara, et al. - California Supreme Court (December 6, 2012) - Government Code section 915(a) establishes the manner of delivery of a claim against the government. It requires that...more

PCAOB Brings Case on Audit Documentation

The Public Company Accounting Oversight Board brought a settled action on November 13th against three outside auditors whose errors were measured not in substance, but in process. Dale Arnold Hotz, Jyothi Nuthulaganti...more

Proposed Florida Bar Advertising and Social Media Rules

Current and Proposed Florida Bar Rules Regulating Social Media, the Internet and Face to Face Marketing With Clients: What You Need to Know...more

Appellate Procedure & Jurisdiction

UPDATED THROUGH September 4, 2012 Harmless Error – Medical Malpractice. Question certified: To avoid a new trial in a civil case, does the beneficiary of the error in the trial court have to show on appeal that it is...more

Digital Afterlife - A Looming issue of dealing with death and online identity

People use the Internet for countless reasons, ranging from posting thoughts and pictures onto blogs, to keeping up with friends and family, and even maintaining bank accounts and credit card balances. As we go through our...more

Admissibility of Social Security Disability Determination as Evidence of Causation in a Civil Suit

Counsel defending serious toxic exposure or personal injury claims are often faced with a determination by the Social Security Administration (SSA) that the plaintiff is disabled. More importantly, the finding will often...more

Honorarios de abogado y recurso directo de revisión, artículo 454.bis LEC

Publicado en VLex 16/05/2012 El motivo de este trabajo, es expresar y fundamentar acabadamente el parecer contrario, haciéndonos eco,nada menos, que de la voz de autoridad de la Sala de lo Civil del TS, en distintas...more

Case Study in Nevada: The Allegedly Unsafe Medical Provider and ERISA Preemption

In Cervantes v. Health Plan of Nevada, 263 P.3d 261 (Nov. 2011), the plaintiff commenced an action against a managed care organization (MCO) alleging it violated Nevada's quality assurance laws and regulations when MCO...more

Minnesota Tells Dangerous Doctors: We Won't Punish You

It's been known for a while that Minnesota ranks dead last in the nation in the frequency with which its doctors are disciplined by the state licensing board for harming patients. Now we know why. A new...more

ABSs & the SRA Handbook - A New Era for 2012

Three months under the new regulatory regime - how is your business adapting, what should you be thinking about, and what are the responsibilities of your COLP and COFA? From 3rd January 2012, non-legal persons may now...more

Health Law Alert -- A Dentist's Best Answer To An Investigation By The New York State Education Department's Office Of...

As you know, with the exceptions of physicians, attorneys, and a handful of other professions, professional misconduct (the failure of a licensed professional to meet expected standards of practice) of all other professions,...more

How to Complain Effectively about Unsafe Medical Care

If you believe your care provider has caused serious harm by negligence or malpractice, consult an attorney about legal relief. But that’s using a machete, and sometimes the job requires a butter knife. If you have a...more

Terrorist Hunt

The new regulatory law which tries to prevent criminal business and behaviour by the way of washing black money....more

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