Professional Malpractice Updates

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Alert: 2016 Round-Up: Key Decisions Affecting Connecticut Health Care Providers

Connecticut state and federal courts faced a number of significant health care issues last year. We have summarized those cases that we think are particularly relevant to Connecticut hospitals, group practices and individual...more

NC Fiduciaries Have a Duty to Explain Arbitration Agreements in Contracts

The Supreme Court of North Carolina recently issued an opinion that could have a substantial impact on the enforceability of arbitration agreements when a fiduciary relationship exists, particularly in the context of consumer...more

Recent Arizona appellate decisions of note to providers

With change, breaking news, and uncertainty dominating the legal concerns of health care providers on a federal level, it remains important to review and refresh on state-level concerns and legal rules. This is especially...more

Client Alert: Florida Supreme Court Broadens Patient Access to Adverse Incident Reports

A recent decision by the Florida Supreme Court has significant implications regarding certain adverse incident reports previously viewed as outside the scope of permitted discovery. Florida health care providers currently...more

Health Alert (Australia) February 6, 2017

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth. Federal Court 31 January 2017 - Polan v Goulburn Valley Health (No 2) [2017] FCA 30 INDUSTRIAL LAW –...more

FDA-Approved Labeling Does Not Equal Medical Standard Of Care

We’ve been defending the ability of physicians to engage in off-label use ever since the Bone Screw litigation of the 1990s. Buckman Co. v. Plaintiffs Legal Committee, where the United States Supreme Court affirmed that...more

Amendment 7 Prevails Over Patient Safety Work Product Protections

On January 31, the Florida Supreme Court ruled that the “Patient Safety Work Product” privilege cannot shield Florida health care providers from Amendment 7 requests. The court’s decision in Charles v. Southern Baptist...more

When Does a Claim for Legal Malpractice Accrue in the Litigation Context

The long understood rule of law in Florida is that a cause of action for legal malpractice accrues in the litigation context when the litigation is concluded by a final judgment, and the final judgment becomes final when the...more

Connecticut Trial Court Addresses Administrative Agency's Targeting of Law Firms Under the State Unfair Trade Practices Act

In a December 5, 2016 decision, a Connecticut trial court (Huddleston, J.) addressed the limitations on the Connecticut Commissioner of Consumer Protection in enforcing a so-called "investigative demand" served under the...more

Health Alert (Australia) January 30, 2017

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth. Administrative Appeals Tribunal 23 January 2017 - Shales and Commonwealth Bank of Australia [2017] AATA 53 -...more

Reconstructive surgery required to future medical expenses

Over the recent years, a lot has been said about the ever-increasing quantum of medical malpractice claims in South Africa in both the public and private sphere. In the public sector alone, the Gauteng Department of Health...more

Is there operating room for compulsory PI insurance

Since its inception on 30 August 2010, the regulations requiring health professionals to have professional indemnity insurance have lain dormant in a state of moratorium, almost as a distant memory some do not wish to recall....more

POD Update: Physician Investor of Physician-Owned Distributor Sentenced to Nearly 20 Years in Prison

On January 9, 2017, a physician was sentenced in federal court in the Eastern District of Michigan to 19 years, 7 months in prison for his role in criminal health care fraud totaling $2.8 million. The settlement has some...more

Health Alert (Australia) January 23, 2017

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth. Federal Court 13 January 2017 - Selia v Commonwealth of Australia [2017] FCA 7 - ADMINISTRATIVE LAW -...more

Washington Supreme Court Expands Physicians’ Duty to Third Parties

Most states have laws either requiring or permitting mental health professionals to disclose information about patients who may become violent. These voluntary or mandatory reporting laws require a balancing of the...more

FBI Is Focused On Professional Service Providers

James C. Barnacle, Chief of the Money Laundering Unit in the Financial Crimes Section, Criminal Investigation Division, of the FBI recently stated that there is a RENEWED emphasis on investigations targeting “ money...more

Patient Records Requests: What You Need to Know [Video]

Our guest on Healthcare Matters is Richard J. Rymond, an attorney at Reminger Co., LPA, who specializes in in medical, dental and other forms of professional, commercial and general liability. He is the Dental Liability...more

A Cloud on the Horizon? Attorneys’ Obligations when Using a Third-Party’s Cloud-Based Services

When we think of clouds, we likely picture cumulus, stratus, and cirrus ones, not the type of “cloud” that holds data and software. The latter type of cloud is generally controlled by a third-party service provider and is...more

Medical Causation Experts Pass Daubert Test, But Cannot Opine on Plaintiff’s Lack of Capacity to Sign Release

We typically write about product liability cases, not medical malpractice actions. But the two are not mutually exclusive, and similar issues arise in those cases. Medical causation is an issue we often see in both. Capacity...more

An Overview of North Carolina Medical Malpractice Law

Medical providers — including doctors, nurses, hospitals, clinics, nursing homes, and other health care providers — deliver care that positively affects the lives of millions of people each year. However, even medical...more

Fourth Circuit Holds Staffing Agency Nurse to be Hospital Employee for Purposes of Liability Insurance

Is a nurse employed by a staffing agency and temporarily assigned to work at a hospital considered an “employee” of the hospital and therefore entitled to coverage under the hospital’s liability insurance policy?...more

Seventh Circuit Affirms Dismissal of Malpractice Claim Based on Plaintiff's Failure to Plead "But For" Causation

West Bend Mutual Ins. Co. v. Schumacher, ___ F.3d ___, 2016 WL 7395708 (7th Cir. 2016) - Brief Summary - Plaintiff, a workers' compensation insurer, filed a legal malpractice action against former defense counsel,...more

Lawyers Beware: Sending Native File Documents to Third Parties May Violate Your Ethical Obligations

The rules governing discovery of electronically stored information, though not fully developed, have matured enough to provide the basic “do’s and don’ts” for attorneys. Frequently, a party must produce electronic documents,...more

Medication Errors in Nursing Homes Harm Thousands Every Year

When we send our elders to an assisted living facility or nursing home, we expect them to be treated with dignity and given the proper medical oversight to live happy, comfortable lives. Unfortunately, nursing homes cause...more

Russell Skelton and Douglas Cullins Obtain Unanimous Defense Verdict

Jones, Skelton & Hochuli, PLC is pleased to announce Partners, Russell Skelton and Douglas Cullins, obtained a unanimous defense verdict for a medical malpractice case. This case involved allegations of medical malpractice...more

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