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Health Alert (Australia) - July 7, 2014

In This Issue: Judgments, Legislation, and Reports. Excerpt from Reports: Australia. Department of Health & Ageing Media releases ..3 July 2014 - Fighting mosquito-borne diseases in Queensland....more

Corporate Practice of Medicine: An Old Doctrine Breathing New Life

New York is one of many states that prohibit the “corporate practice of medicine” (CPOM). The CPOM doctrine generally bars a business corporation from practicing medicine or employing a physician to provide professional...more

AMA Adopts Telemedicine Policy for Coverage and Payment of Telemedicine Services

During its Annual Meeting on June 11, 2014, the American Medical Association (AMA) voted to approve a list of guiding principles for coverage of and payment for telemedicine services, designed to “foster innovation in the use...more

Health Alert (Australia) - June 23, 2014

In This Issue: Judgments; Legislation; and Reports. Excerpt from Reports: Queensland. Department of Health: - 18 June 2014 - Public patients get private sector boost. Thousands of public patients...more

Undoing MICRA

It has been over thirty-five years since California became a leader in healthcare reform, addressing the malpractice insurance crisis in a measured way. In 1975, the Medical Injury Compensation Reform Act (“MICRA”) capped...more

Lab Worker Infects 30. One Incident Or 30?

Thirty patients sued Exeter Hospital in New Hampshire when they came down with hepatitis C. The infection was traced to a single hospital lab employee, David Kwiatkowski. (Needless to say, David is no longer with the...more

Drop-down Menus: The Pitfalls of Electronic Medical Records, Part II

In an earlier blog post, I discussed the importance of time stamps and signatures in electronic medical records (EMRs). A potential pitfall in using EMRs is the prevalence of drop-down menus....more

Health Alert (Australia) - June 2, 2014

In This Issue: Judgments; Legislation; and Reports. Excerpt from Judgments: Victoria - 15 May 2014 - Finding into Death with Inquest of Georgia Susan Cheal 4603 / 2006 - The inquest into...more

Health Alert (Australia): Week of May 30, 2014

In This Issue: Judgments; Legislation; and, Reports. Excerpt from JUDGMENTS: New South Wales (NSW) - 21 May 2014 - Neville v Lam (No 3) [2014] NSWSC 607 - The practitioner is a gynaecologist...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

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

Treating chronic pain can be risky for physicians

Opioids are the mostprescribed class of prescription medications in the United States. Physicians are the legal gatekeepers for prescription medications to treat chronic pain. Over the last 10 years, prescriptions for opioid...more

Florida Supreme Court Holds Statutory Cap on Non-Economic Wrongful Death Damages in Medical Malpractice Actions Violates the...

In Estate of Michelle Evette McCall, et. al. v. United States of America, SC11-1148 (Fla. 2014), the Florida Supreme Court decided the following certified question: Does The Statutory Cap On Wrongful Death Noneconomic...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

Health Care Case Law Update

Health Care Authority for Baptist Health v. Davis, --- So. 3d. ----, 2013 WL 2149493 (Ala. Feb. 28, 2014). - The Supreme Court of Alabama reversed itself on re-hearing of its May 2013 opinion to affirm a judgment for a...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

Health Alert (Australia) - 3 March 2014

In This Issue: Judgments; Legislation; and Reports. Excerpt from Judgments: Commonwealth - 14 February 2014 - Paul v Cooke [2014] HCATrans 25 - Three years after Dr Cooke negligently failed...more

Appeals Court Affirms Jury Verdict against Orthopedic Surgeons Society

An orthopedic surgeon who fought back and won a court case after the society of orthopedic surgeons slammed him for testifying that another surgeon had committed malpractice has now won an appeal of the legal case....more

Connecticut High Court Clarifies Aggregate Limit and Number of SIRs Under Professional Liability Policy

On January 28, 2014, the Supreme Court of Connecticut, in Lexington Ins. Co. v. Lexington Healthcare Group, Inc., 311 Conn. 29, addressed three issues that define the extent of coverage available under a medical professional...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

Health Alert (Australia) - 4 November 2013

In This Issue: - Judgments - Legislation - Reports - Excerpt from Reports: Australia. Department of Health & Ageing - ..1 November 2013 - GPs can now order subsidised magnetic resonance...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

Hospitals & Medical Staff Take Notice: HCQIA Immunity Is Not Given, It's Earned.

The Healthcare Quality Improvement Act of 1986 ("HCQIA") is a federal law enacted to establish a national tracking system of healthcare practitioners with a history of medical malpractice payments or adverse actions. A...more

Florida’s Second District Court Of Appeal Issues Important Decision On Inadmissibility Of Physician Board Certification Exam...

In medical malpractice litigation, the argument has increasingly been made that a physician’s board certification examination results, or more specifically, evidence of a physician’s failure to pass a board certification...more

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