Professional Malpractice Conflict of Laws

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Talk Amongst Yourselves: HIPAA Does Not Preempt Florida Med Mal Presuit Authorization Law

The United States Court of Appeals for the Eleventh Circuit recently concluded that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) does not prevent the application of a Florida law requiring...more

Talk Amongst Yourselves: HIPAA Does Not Preempt Florida Med Mal Presuit Authorization Law

The United States Court of Appeals for the Eleventh Circuit recently concluded that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) does not prevent the application of a Florida law requiring...more

A Brief Overview of the Case Law Regarding "Failure to Train" Claims - And Its Implications for Medical Device Manufacturers

In recent years, causes of action for “failure to train,” or allegations predicated on a duty to train, have been on the rise in cases against medical device manufacturers. Historically, however, such claims and allegations...more

A Federal Court Holds HIPAA Preempts A Florida Medical Malpractice Pre-Suit Requirement

Judge Hinkle, of the U.S. District Court for the Northern District of Florida, recently held that one of Florida’s pre-suit requirements for pursuing a medical negligence claim under Florida law is contrary to federal law and...more

Court Overturns Presuit Patient Authorization Requirement Under Florida Medical Malpractice Statute

On September 25, 2013, the Northern District Court of Florida, Tallahassee Division, ruled that Florida Statute § 766.1065 violated the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) by requiring a...more

Florida's New Med-Mal Law Is Pre-Empted By HIPAA And Is Voided By Federal Judge

A new part of Florida's medical malpractice law has been voided by a federal judge on the grounds that it is pre-empted by HIPAA. The law, passed during the 2013 legislative session and effective only on July 1 2013,...more

Federal Circuit Review - Volume 3 | Issue 3 March 2013

In This Issue: • State Courts Should Handle Patent Malpractice Cases • “A” and “An” in Claims Mean “One or More” • No Direct Infringer Needs to be Identified in Declaratory Judgment Jurisdiction Over Indirect...more

Supreme Court Holds That Patent Legal Malpractice Claims Do Not “Arise Under” The Patent Laws and May Be Heard in State Court

On February 20, 2013, the Supreme Court issued a decision addressing the critical question of where plaintiffs can or must sue when their claims implicate patent law but are not traditional patent law claims. See Gunn v....more

Returning Fire: The Respondent's Brief and Several Supporting Amicus Curiae Briefs in Gunn v. Minton

Earlier we reported on both the U.S. Supreme Court's grant of certiorari in the Gunn v. Minton case decided by the Supreme Court of Texas and the submission of Petitioner's and several supporting amicus curiae briefs. Gunn is...more

Beware the Partner Trap

For most lawyers, attaining partnership is an achievement, a moment of happiness and relief. However, recent events may be increasing awareness that what seems like a reason to celebrate may actually be the start of a...more

Federal Court of Appeals Affirms Dismissal of State Law Claim of Fraud By Combination of State Substantive Law Requirements and...

Stephenson v. PricewaterhouseCoopers (PWC), 11-1204-cv (2d Cir. 2012) (Summary Order), addresses the viability of claims against Canadian-organized PWC for fraud and negligence arising from PWC’s unqualified audit reports...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

THE ROLE OF THE LEGAL NURSE IN CIVIL CASES: WITH A CASE EXAMPLE

This article explains the role of the often overlooked and underused resource of the legal nurse, who can crystallize any medical-legal related issues. A case example is used to show how attorney's can benefit from this...more

VICARIOUS LIABILITY

This article discusses how employers such as Hospitals can be vicariously liable for the torts of their employees, particularly doctors, nurses and other ancillary services that are committed during the course of employment....more

We're Jealous

Plaintiff, suffering from pain and nausea, goes to the hospital and is administered an injection of promethazine HCL (otherwise known as Phenergan). The injection was accidentally put in plaintiff's artery instead of her...more

When Negligence Becomes Deliberate

When pharmacists actively obstruct access to birth control, what are the appropriate legal measures to take in protecting the patient's rights to basic health care while respecting a pharmacist's rights to free speech? This...more

LeFlore v. Washington Hospital Center Corporation, Inc.

Plaintiff's Opposition To Defendant's Motion for Protective Order

This is an opposition brief to a medical malpractice defendant’s motion asking the court to allow defense counsel to hold ex parte meetings with subsequent treating physicians of the plaintiff, under the HIPAA statute. This...more

Burton v. U.S.A.

Memorandum Opinion

This is a federal judge’s memorandum opinion in a case concerning failure to warn a patient about his risk for pulmonary embolism from having his calf casted for treatment of a ruptured Achillles tendon. The judge awarded...more

Milavetz v. United States

Amicus Brief of National Association of Consumer Bankruptcy Attorneys, Connecticut Bar Association, Brennan Center for Justica and...

This brief amici curiae supporting Petitioners Milavetz, Gallop & Milavetz, P.A., et al., is filed by two bar associations (the Connecticut Bar Association (“CBA”) and the National Association of Consumer Bankruptcy...more

Milavetz, Gallop & Milavetz v. United States

Brief for Petitioners

Petitioners Robert Milavetz and Barbara Nevin are attorneys who provide bankruptcy ad-vice and counseling to clients. They practice as part of petitioner law firm Mi-lavetz, Gallop, and Milavetz, P.A. Petitioners Ronald and...more

Burton v. USA

Pretrial Order

In a Federal Tort Claims Act case, a plaintiff suing the government needs to look carefully at choice of law issues to maximize potential damages. In this case, the problem was that the cause of action for wrongful death...more

Burton v. USA

Plaintiffs' Reply Brief on Choice of Law

In a Federal Tort Claims Act case, a plaintiff suing the government needs to look carefully at choice of law issues to maximize potential damages. In this case, the problem was that the cause of action for wrongful death...more

Burton v. U.S.A.

Plaintiff's Trial Brief on Choice of Law

This pleading persuaded a federal judge in the District of Columbia to apply Maryland law to loss of consortium damages in a Federal Tort Claims Act case that arose from negligent medical treatment at Walter Reed Army Medical...more

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