Professional Malpractice, Civil Remedies, Health Law

HMO Hit with $524M Verdict for Giving Hep C in Colonoscopies

by Sylvia Hsieh | Lawyers.com on 4/17/2013

A health insurance company rolled the dice with a Las Vegas jury and lost more than half a billion dollars....more

Rhode Island Supreme Court Invalidates Healthcare Provider’s Right to Self-Insure

by Traub Lieberman Straus & Shrewsberry LLP on 1/21/2013

In its recent decision in Peloquin v. Haven Health Ctr. of Greenville, 2013 R.I. LEXIS 9 (R.I. Jan. 14, 2013), the Supreme Court of Rhode Island had occasion to consider the validity of a self-insured retention in a...more

HC58 - Setting down for trial in medical negligence actions

by Cathal N. Young, O'Reilly & Co. Solicitors &... on 11/20/2012

HC58 - Setting down for trial in medical negligence actions Direction pursuant to Order 36 Rule 2 (c) of the Rules of the Superior Courts With effect from this 20th day of November 2012 proceedings in respect of any claim...more

Pharmaceutical Law Update -- October 2012: Learned Intermediary Doctrine Applies to Failure-to-Warn Pharmaceutical Cases in...

by Sedgwick LLP on 10/4/2012

An August 7, 2012 decision by the New Jersey Appellate Division overturned three judgments totaling almost $12 million in damages previously awarded against New Jersey drug manufacturer Hoffman–La Roche, Inc. for injuries...more

Tort Reform Limiting Medical Malpractice Awards in Texas: It Ain’t Workin’

by Rowley Chapman & Barney, Ltd. on 9/26/2012

Health care costs in Texas did not drop after passage of a 2003 constitutional amendment limiting medical malpractice awards, despite promises made to voters by tort reform supporters....more

Torts

by Sedgwick LLP on 9/6/2012

UPDATED THROUGH SEPTEMBER 4, 2012 Medical Malpractice – Harmless Error. 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

Federal Court Rules that Hospital Settlement Does Not Relieve Medicare of its Payment Obligations

by King & Spalding on 6/4/2012

On May 21, 2012, the U.S. District Court for the Eastern District of Louisiana ruled that a malpractice settlement paid to the family of a deceased Medicare beneficiary did not constitute a “primary plan” for purposes of the...more

The Fatal Dangers of Medical Tourism

by Lawyers.com on 5/23/2012

The investigation was one James Goldberg never wanted to undertake. Six years ago, Goldberg’s son Joshua, then 23, was living in Thailand, studying to become a Buddhist monk. When Joshua mysteriously lost feeling in his...more

What patients can and should expect when pursuing a medical malpractice case.

by John Ratkowitz on 5/23/2012

This article discusses the anatomy of a medical malpractice case in New Jersey from investigation through jury verdict. The New Jersey Court Rules are modeled on the Federal Rules of Civil Procedure. Both of these...more

H.R. 5 - the Protecting Access to Healthcare (PATH) Act - the Health Care Industry's Latest Attempt to Avoid the Financial...

by John Ratkowitz on 3/23/2012

On Thursday, March 22, 2012, the House of Representatives passed H.R. 5, the Protecting Access to Healthcare (PATH) Act, a bill originally introduced by Representative Phil Gingrey (R-GA), which if passed into law will cap...more

Florida Supreme Court to Decide on Damages Caps

by Lawyers.com on 2/24/2012

The health care debate is heating up in Florida as the state’s highest court weighs the constitutionality of a law that places caps on non-economic damages in medical malpractice cases. The case, known as McCall v....more

How the Health Care and Insurance Industries Work to Limit Your Legal Rights

by Lawyers.com on 11/22/2011

This is part two of a three-part series. The first part appeared yesterday on the Lawyers.com Blog. Washington, D.C., may seem far away, but a tort reform bill under consideration by Congress will affect you if you are...more

Protecting Your Professional Reputation as an Asset

by IKE DEVJI on 10/6/2011

Given the power of the Internet and the unmistakable reach and shelf life of a digital complaint to hurt you, it’s more important than ever to both have and defend a professional reputation. Complaints are often...more

New York’s Medicaid Redesign Plan -- The Neurologically Impaired Infant’s Fund: True Relief or Looming Disaster?

by Ruskin Moscou Faltischek on 8/26/2011

The true cornerstone of Gov. Andrew Cuomo’s Medicaid Redesign Team is the creation of a new fund designed to pay particular (and limited) medical expenses for neurologically damaged infants. The proposal was introduced by the...more

The Role of Informed Consent in Defensive Medicine

by John Ratkowitz on 7/1/2011

This article examines the problem of "defensive medicine." Those who advocate tort reform often point to the problem of defensive medicine as a justification to limit the right of redress of victims of medical malpractice....more

La responsabilità' professionale dello psichiatra

by Flavio Stella on 7/1/2011

La responsabilita' professionale dello psichiatra non si differenzia da quella degli altri medici....more

La responsabilità professionale medica

by Flavio Stella on 6/30/2011

Aspetti e considerazioni sulla responsabilità professionale medica...more

Savings From Malpractice Reform Are a Myth, Study Shows

by Patrick Malone & Associates P.C. | DC Injury... on 4/5/2011

Malpractice claims are not out of control and a damages cap would not result in big insurance savings for doctors and hospitals, according to a new study of malpractice insurance in New York state. The study comes as...more

Couple Challenges West Virginia Malpractice Award Caps

by Patrick Malone & Associates P.C. | DC Injury... on 1/12/2011

A West Virginia couple who had been awarded more than $1.5 million in damages in a medical malpractice case only to have the award cut by two-thirds is challenging the state law that caps medical malpractice payouts to...more

To Err is Human, but This is Something Else.

by John Ratkowitz on 1/1/2011

In November 1999, the Institute of Medicine (IOM), a branch of the National Academy of Sciences, published a study that declared that a threshold improvement in the quality of health care was urgently needed because medical...more

Texas Tort “Reform” Immunizes ER Docs Against Most Malpractice Claims

by Patrick Malone & Associates P.C. | DC Injury... on 12/27/2010

Patients in Texas whose health has been ruined by incompetent decisions by ER physicians are having a hard time finding malpractice attorneys to represent them, even when the lawyers admit they have a great case. The reason:...more

Louisiana Appeals Court Rejects Malpractice Cap in Tragic Case of Child Cancer Victim

by Patrick Malone & Associates P.C. | DC Injury... on 12/16/2010

The Third Circuit Court of Appeal in Louisiana has ruled the state’s $500,000 malpractice cap to be unconstitutional. Joe and Helena Oliver had sought relief from the Louisiana Medical Malpractice Act, which shrank the...more

Virginia Cap on Malpractice Awards to Increase Starting in 2012

by Patrick Malone & Associates P.C. | DC Injury... on 12/8/2010

The cap on awards for malpractice lawsuits in Virginia will go up $50,000 a year for the next 20 years, following a recent compromise between trial lawyers and physicians in the Commonwealth. Incremental increases to the...more

Maryland Hospital Pays Feds in Cardiac Malpractice Scandal

by Patrick Malone & Associates P.C. | DC Injury... on 11/10/2010

St. Joseph Medical Center in Towson, Maryland will pay $22 million to the federal government to settle claims that it engaged in a decade-long, illegal kickback scheme with the cardiology group MidAtlantic Cardiovascular...more

Open and Honest: New York Hospitals Test Malpractice Pilot Program

by Patrick Malone & Associates P.C. | DC Injury... on 10/5/2010

Five hospitals in New York City have joined a 3-year, $3-million program aimed at decreasing medical malpractice costs. The federally funded program will attempt to cut malpractice-related costs at the five hospitals by (a)...more

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Professional Malpractice › Civil Remedies › Health Law