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Health Constitutional Law Professional Malpractice

Read need-to-know updates, commentary, and analysis on Health issues written by leading professionals.

Florida Supreme Court Rejects PSQIA Preemption of Florida Constitution

On January 31, 2017, the Florida Supreme Court held that adverse medical incident reports produced in accordance with Florida law cannot constitute confidential and privileged patient safety work product (PSWP) under the...more

Florida Supreme Court Rules That Hospital "Adverse Medical Incidents" Reported to a PSO Are Not Privileged From Discovery: Impact...

Southern Baptist Hospital of Florida (Hospital) was sued in a medical malpractice action in which the plaintiff sought to discover records relating to "adverse medical incidents" that occurred at the Hospital and involved any...more

Can We Talk? Florida Court Rejects Latest Challenge to Med Mal Presuit Authorization Law

In the latest challenge to a Florida law designed to promote early settlement of meritorious medical malpractice claims, the Florida First District Court of Appeal recently rejected a plaintiff’s arguments that 2013...more

Developments in Long-Term Care – Q1 2015

by Hodgson Russ LLP on

The following summary highlights key federal court cases and administrative decisions involving skilled nursing facility survey issues during the first quarter of 2015. Federal Court Cases - Fifth Circuit Upholds...more

Undoing MICRA

by Buchalter on

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

Health Care Case Law Update

by Burr & Forman on

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

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

by Akerman LLP - Health Law Rx on

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

Illinois Doctor Database Passed Under Overturned Medical MalPractice Law is Reinstituted

by Howard Ankin on

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

When Negligence Becomes Deliberate

by Jingna Zhao on

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

La responsabilità' professionale dello psichiatra

by Flavio Stella on

La responsabilita' professionale dello psichiatra non si differenzia da quella degli altri medici....more

IL CONSENSO INFORMATO IN PSICHIATRIA

by Flavio Stella on

La prassi clinica e psichiatrica non può e non deve discostarsi da quelli che sono i fondamenti legali e disciplinari della relativa competenza specialistica....more

New Hampshire Governor Fights Subpoena Over Efforts to Dip Into Malpractice Fund to Reduce Budget Deficit

The governor and attorney general of New Hampshire are fighting a subpoena to testify about state efforts to take $110 million from a malpractice fund to plug a budget hole. Policyholders of the medical malpractice Joint...more

President Obama and Medical Malpractice Reform

by Howard Ankin on

Last month, in a move that many trial attorneys believe will reduce the quality of patient care, President Obama submitted a budget that calls for a major revamping of medical malpractice laws. As explained in this NPR...more

Louisiana Appeals Court Rejects Malpractice Cap in Tragic Case of Child Cancer Victim

The Third Circuit Court of Appeal in Louisiana has ruled the state’s $500,000 malpractice cap to be unconstitutional. Joe and Helena Oliver had sought relief from the Louisiana Medical Malpractice Act, which shrank the...more

Our Tax Dollars to Study "Tort Reform" - What About Patient Safety?

by Bertram Amell, PLLC on

Massachusetts obtained a $3 million grant to study "alternatives" to a consumer's 7th Amendment right to a jury trial when it comes medical malpractice claims. The grant is part of a U.S. Department of Health and Human...more

90 Day Pre-Suit Notice for Professional Negligence Claims Ruled Unconstitutional by Washington Supreme Court

by Lane Powell PC on

In yet another recent set-back to health care providers, the Washington Supreme Court ruled last week that RCW 7.70.100(1), which requires that a 90 day pre-suit notice be provided prior to filing professional negligence...more

Supreme Court of Georgia Addresses the Constitutionality of Key Provisions of the Georgia Tort Reform Act of 2005

Recently, the Supreme Court of Georgia issued three opinions on the constitutionality of key provisions of the Georgia Tort Reform Act of 2005. In separate cases, the Court upheld the constitutionality of a “gross...more

ILLINOIS SUPREME COURT CLOBBERS (TORT REFORM) CAPS.

by Gregory Piche on

Illinois Supreme Courts bucks the trend and finds that tort reform malpractice liability caps violate the separation of powers clause of the Illinois constitution....more

Illinois Supreme Court Strikes Down Caps on Damages

by Steven Pietrick on

This is a description of the Illinois Supreme Court's recent decision holding that the statutory caps on non-economic damages awarded in medical malpractice cases is unconstitutional as a violation of the separation of powers...more

MONTANA AFFIRMS RIGHT TO PHYSICIAN ASSISTED SUICIDE-THROUGH STATUTORY, NOT CONSTITUTIONAL, ANALYSIS.

by Gregory Piche on

The Montana Supreme Court ducks issue of whether the State Constitution provides a right to die with dignity by holding that physician assisted suicide is no prohibited by state statutes....more

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