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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

Want lower insurance premiums? Demand insurance reform!

Doctors deserve relief from skyrocketing insurance premiums. And the citizens of Washington deserve to keep their constitutional rights intact. Is there an answer that will meet both goals? Not if you listen to the...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

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

Health Alert (Australia) - August 19 2013

In This Issue: - Judgments - Legislation - Reports - Excerpt from Judgments: New South Wales - 9 August 2013 - Health Care Complaints Commission v Dr Platt [2013] NSWMT 14 - The...more

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

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

Cintron v. Montefiore Medical Center

State of New York Court of Appeals Denial of Appellant's Leave to Appeal

In this medical malpractice action, defendant-respondent hospital, skillfully represented by Aryeh Klonsky and Esther Widowski of Widowski Law Group LLP, moved for summary judgment to dismiss the patient plaintiff's case. ...more

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

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


Pre trial dismissal of high exposure medical malpractice actions provides tremendous cost savings to medical malpractice insurance...

Esther Widowski and Aryeh Klonsky of Widowski Law Group LLP successfully argued that defendant established its entitlement to summary judgment by showing that the treatment provided to plaintiff comported with good and...more

Healthcare Legal News - November 7, 2011 • Volume 1, Number 4

In This Issue: - Further Erosion in Healthcare Reform - Labor & Employment News: Should Your Organization Have An Affirmative Action Plan? Recent Decision Requires Hospitals To Re-Evaluate Whether They Are Subject To...more

Illinois Doctor Database Passed Under Overturned Medical MalPractice Law is Reinstituted

Last year, Illinois lawmakers passed a comprehensive medical care reform bill that imposed a cap in medical malpractice cases. As explained at the PopTort, when that law was overturned as unconstitutional, a number of other...more

Brooklyn Medical Malpractice Lawyer from The Perecman Firm Comments on Baby’s Death from a Lethal Dose of Antibiotics at a...

Brooklyn medical malpractice lawyer David Perecman comments on the death of a six-month-old baby at Brookdale University Hospital. Baby Amaan Ahmmad died after medical staff mistakenly gave him an adult dose of...more

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

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

Carter v. Prime Healthcare Paradise Valley LLC

New Case Law or Business as Usual?--Understanding the Effects of Carter v. Prime Healthcare Paradise Valley LLC

On August 12, 2011, the Fourth Appellate Court of Appeals of California decided Carter v. Prime Healthcare Paradise Valley LLC and affirmed a San Diego Trial Court's ruling sustaining the defendant hospital's Demurrer to...more

Transcending the Cloud - A Legal Guide to the Risks and Rewards of Cloud Computing

The interest level in storing health records in digital format has grown rapidly with the lower cost and greater availability and reliability of interoperable storage mechanisms and devices. Health care providers like...more

Damage from medical malpractise-Quantification

The quantification of damage from medical malpractice...more


Denial of Motion to Reargue Affirming Award of Summary Judgment

Pre-trial dismissal of medical malpractice actions via motion practice provides significant cost savings to the client. Mr. Klonsky obtained an award of summary judgment dismissing all claims against a major metropolitan...more

Savings From Malpractice Reform Are a Myth, Study Shows

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

Medical Practice Asset Protection - Two BIG liabilities with Simple Fixes

As we discussed in my previous article on employee lawsuit exposure, employment-related lawsuits are one of the biggest threats facing all employers today, including medical practices. In fact, the average small business in...more

Why Liability Insurance Alone Is Inadequate Asset Protection for Doctors

“Why can’t I simply insure my way to safety?” is a common question from both clients and advisors. In the worst cases we actually see uninformed advisors telling their clients that the only asset protection...more

Why Malpractice Still Hurts and Kills So Many Patients

Invisibility, inertia and income. That's the answer from one health care expert. A recent front-page article in the New York Times conveyed grim news about patient safety. The first large-scale study of hospital safety in...more

Benjamin v. Montefiore Medical Center et al.

Appellate Decision

Injured plaintiff with alleged nerve damage following bariatric surgery moved to restore her case to the trial calendar. Representing two of the defendants, a laparoscopic surgeon and a major metropolitan hospital, Mr....more


Decision and Order Granting Summary Judgment

Mr. Klonsky recently obtained an award of summary judgment dismissing all claims against a major metropolitan hospital located in Bronx County. Plaintiff's suit alleged that Montefiore Medical Center was negligent in...more

Columnist Says Maryland Hospital Should Stop Denying Stent Problems

I wrote a few days ago about the strange situation at a Baltimore hospital where the top heart surgeon apparently placed unnecessary stents in hundreds of patients. The hospital originally admitted the errors, but then when...more

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