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Medical Malpractice and Healthcare Quarterly - Winter 2015-2016

DELAWARE MOVES TO MAKE TELEMEDICINE MORE ACCESSIBLE - On July 7, 2015, Governor Jack Markell signed into law House Bill No. 69 (DE LEGIS 80 (2015), 2015 Delaware Laws Ch. 80 (H.B. 69)), which amends various provisions of...more

Check--and Double Check--to Avoid Professional Liability in New Jersey

A recent New Jersey Supreme Court decision warns that health-care facilities that fail to do appropriate due diligence before granting privileges to physicians could face potential liability for that failure. In Jarrell v....more

Health Alert (Australia) - November 2, 2015

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments Australian Capital Territory 29 October 2015 - In the matter of ER (Mental Health and Guardianship and...more

Health Alert (Australia) - October 19, 2015

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments New South Wales (NSW) 12 October 2015 - Klewer v Sydney Children’s Hospital Specialty Network [2015] NSWSC...more

Insurance Limits and Case Value - A Clear Correlation? [Video]

From the 2015 PLUS Medical PL Symposium session “Mo' Money, Mo' Problems: Do Limits Increase Claims Values?,” moderator Jonathan S. Ziss, Esq. (Goldberg Segalla) and plaintiffs' attorney Michael F. Barrett, Esq. (Barrett...more

Medical PL Risks in Retail Healthcare [Video]

From the 2015 PLUS Medical PL Symposium session “Healthcare Access in Your Big Box Store,” moderator Kathy Shostek (Sedgwick Inc.) and panelists Kevin L. O’Brien (Arch Insurance) and Alice Epstein (CNA Financial) discuss the...more

Physician Considerations When Prescribing Medical Marijuana [Video]

From the 2015 PLUS Medical PL Symposium session “Coming to You: Medical Marijuana MedPL Exposures,” Doris C. Gunderson, MD of Colorado Physician Health Services discusses the major questions physicians should consider before...more

Health Alert (Australia) - July 20, 2015

In This Issue: New South Wales (NSW). 14 July 2015 - Ping Yuan v Da Yong Chen [2015] NSWSC 932 The New South Wales Supreme Court has made a declaration allowing an unconscious man's wife to consent to the...more

Electronic Medical Records: Help or Hindrance? [Video]

From the 2015 PLUS Medical PL Symposium session “The Changing and Expanding Role of Emergency Medicine,” moderator Robert B. Blasio (Western Litigation, Inc.) and panelists Fran O'Connell, RN, MBA (Markel Corp.) and David...more

Technology in Healthcare [Video]

From the 2015 PLUS Medical PL Symposium session “Technology in Healthcare: EHRs & PHI,” moderator Patricia Marzella-Graubert (Swiss Re American Holdings Corporation) and panelist Alexander Grijalva (New York Presbyterian...more

Health Alert (Australia) - May 25, 2015

In This Issue: Judgments; Legislation; and Reports & Publications. Excerpt from Reports: Australian Medical Association (AMA) - 19 May 2015 - $19 billion pharmacy deal sign of skewed health...more

Health Alert (Australia) - March 23, 2015

In This Issue: Judgments; Legislation; and Reports. Excerpt from Reports: New South Wales (NSW). Ministry of Health - Media Releases - 18 March 2015 - NSW says protect against mosquitoes after huge...more

Health Alert (Australia) - March 2, 2015

In This Issue: Judgments; Legislation; and Reports. Excerpt from Reports: 23 February 2015 - Same-sex adoption a step closer with review of laws - Same-sex adoption in Victoria is a step closer,...more

10th Circuit Holds No E&O Coverage for Sexual Assault Claim

In its recent decision in Hanover Am. Ins. Co. v. Balfour, 2015 U.S. App. LEXIS 874 (10th Cir. Jan. 21, 2015), the United States Court of Appeals for the Tenth Circuit, applying Oklahoma law, had occasion to consider whether...more

Recent Developments in PA and NJ Regarding Scope of Privilege for Health Care Facilities Engaged in Peer Reviews and Self-Critical...

Three recent cases offer guidance to health care entities in Pennsylvania and New Jersey regarding the discovery of documents created in connection with peer reviews, quality of care reviews and adverse event investigations...more

Doctors, Lawyers and the Controversial Prop 46

What's the most controversial measure on California's November ballot? The insurance regulation bill, Prop 45, may be a good contender – but more than likely the controversy over Proposition 46 will win the contest hands...more

Long tail personal injury claims – a floodgate issue in WA?

Yesterday, the Supreme Court of Western Australia Court of Appeal heard argument in an appeal against the decision of Dixon v Clarke [2013] WASC 471....more

Joint Employment Finding Leads to Unexpected $3 Million Liability in Hospital Malpractice Case

When Washington Hospital obtained an insurance policy in 2003 to cover medical claims arising from acts by its employees, its insurer probably did not consider whether hospital employees included workers supplied by a...more

Update on medical indemnity claims statistics – Trends and risk areas

On 11 July 2014, the Australian Institute of Health and Welfare released the latest in its series of reports on medical indemnity claims in the public and private sectors. The report examined claims made, current or...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

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

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

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

Health Alert (Australia) - 14 October 2013

In This Issue: - Judgments - Legislation - Reports - Excerpt from Judgments: JUDGMENTS - Commonwealth - 8 October 2013 - Faye Mason v Military Rehabilitation and Compensation Commission...more

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