Health Law, Personal Injury

Family Sues Hospital for Violating Do Not Resuscitate Order

by Aaron Kase | Lawyers.com on 5/21/2013

All too often, families have to bring lawsuits against hospitals that let their loved ones die through malpractice or neglect....more

California Appellate Courts Impose Significant Limitations on Plaintiffs’ Claims for Medical Damages

by Marc Brainich | Sedgwick LLP on 5/16/2013

In two recent opinions, the California Court of Appeal has clarified and expanded the scope of the California Supreme Court’s holding in Howell v. Hamilton Meats and Provisions, Inc., 52 Cal.4th 541 (2011), regarding the...more

Alarm Fatigue: Joint Commission Considering National Patient Safety Guideline for Alarm-Equipped Medical Devices

by Cory Fox, Lynn Sessions | BakerHostetler on 5/6/2013

The Joint Commission (TJC) recently published a Sentinel Event Alert (Alert) regarding “alarm fatigue,” which occurs when physicians are so overwhelmed by the constant barrage of medical device alarms, most of which do not...more

Court of Appeal Applies Howell Rule to Future Medical Expenses and Noneconomic Damages

by Samuel Sorich | Barger & Wolen on 5/6/2013

In Howell v. Hamilton Meats & Provisions, Inc., the California Supreme Court ruled that where a plaintiff’s medical care provider, pursuant to a prior agreement with the plaintiff’s health care provider, accepted less than...more

Massachusetts Mandates Prompt Investigation, Encourages Insurers to Offer Deadline Extensions to Bombing Victims

by Richard Bennett | Cozen O'Connor on 5/3/2013

On Monday of this week, the Massachusetts’s Division of Insurance issued a bulletin mandating prompt investigation of business interruption, property damage and medical insurance claims by policyholders victimized by the...more

Cross-Border Crashes: How Canadian Healthcare Can Affect Your Settlement

by Law Office of Dean Standish Perkins and... on 4/30/2013

Despite the efforts to prevent accidents, crashes with Canadian drivers are still an all too common occurrence in Washington State. To make matters worse, dealing with Canadian insurance companies can be confusing and...more

Supreme Court Clarifies Subrogation Rights, Emphasizes Need for Precise Plan Language

by J. S. Christie, Andrew Elbon, B. David Joffe, Jessica Jones, Jack Levy, Gordon Earle Nichols, Laura Schiele Robinson, Jay Turner | Bradley Arant Boult Cummings LLP on 4/25/2013

Plan sponsors, particularly those that sponsor self-funded health plans, should review plan document provisions in light of the recent decision of the Supreme Court of the United States in US Airways, Inc. v. McCutchen. In...more

Supreme Court Upholds Health Plan’s Right To Recover Money from Third Party

by Edward I. Leeds | Ballard Spahr LLP on 4/23/2013

The U.S. Supreme Court has ruled that the clear terms of an employer's group health plan override an employee's equitable defenses in determining the plan's right to recover amounts from a third party. This decision points...more

GranuFlo and NaturaLyte Accused in Heart Attacks [Video]

by Lawyers.com on 4/22/2013

Kristian Rasmussen accuses the world’s largest provider of dialysis products and services of knowingly endangering dialysis patients’ lives. A partner at Cory Watson Crowder & DeGaris in Birmingham, Ala., Kristian filed the...more

Lawsuits Claim SSRIs Can Cause Severe Birth Defects [Video]

by Lawyers.com on 4/22/2013

Millions of patients take selective serotonin reuptake inhibitors (SSRIs) for depression, anxiety and other disorders. One out of 10 people in the United States use antidepressants, making them one of the most widely...more

Hernia Patients in Pain as Skin Procedure Fails [Video]

by Lawyers.com on 4/22/2013

Hernia patients have filed lawsuits against the manufacturers of AlloDerm, a product made from the skin tissue of cadavers. They claim once implanted, the AlloDerm stretches and fails, resulting in serious and painful...more

The U.S. Supreme Court Upholds Plan Sponsor’s Recovery Of Participant Damages Award

by Jeffrey P. Cairns | Leonard, Street and Deinard - Employee... on 4/18/2013

On April 16, 2013, the U.S. Supreme Court issued its opinion in U.S. Airways, Inc. v. McCutchen finding in favor of U.S. Airways in its quest to recover $66,866 in medical expenses incurred by its employee as a result of a...more

HMO Hit with $524M Verdict for Giving Hep C in Colonoscopies

by Sylvia Hsieh | Lawyers.com on 4/17/2013

A health insurance company rolled the dice with a Las Vegas jury and lost more than half a billion dollars....more

Howell Rule Applies When Medical Services Were Paid by Medicare, Court of Appeal Concludes

by Barger & Wolen on 4/12/2013

In Howell v. Hamilton Meats & Provisions, Inc. the California Supreme Court ruled that a plaintiff’s recovery of medical damages is limited to the amount paid by the plaintiff’s health insurer and accepted by the health care...more

Counties in California Can Learn a Few Lessons from State on Inmate Health Care - BB&K Health Care Attorney Shares Tips on...

by Jared A. Goldman | Best Best & Krieger LLP on 4/10/2013

Inmates in the Riverside County jails served a federal class-action lawsuit last month, claiming the county is subjecting them to cruel and unusual punishment by depriving them of basic medical and mental health care. A...more

What's In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement

by Kenneth L. Burgess | Poyner Spruill LLP on 4/9/2013

Many nursing homes and assisted living communities commonly include arbitration agreements as part of their admission agreement and documents. Typically, these agreements require residents or their legal surrogates to...more

Stryker Hip Replacement Recall Website Launched By Hissey Kientz, LLP Law Firm

by Hissey Kientz LLP on 4/9/2013

The law firm of Hissey Kientz, LLP is announcing the launch of its new website, Stryker Hip Recall Help (http://www.strykerhiprecallhelp.com/). Stryker Corporation issued a voluntary recall of the Stryker Rejuvenate and...more

Negligent Credentialing Claim Recognizable Under Massachusetts Law

by M. Daria Niewenhous | Mintz Levin - Health Law on 4/8/2013

A recent Massachusetts Superior Court decision recognizes a claim against a hospital for “negligent credentialing.” The court in Rabelo v. Nasif, et al found that, through the credentialing process, a hospital must “exercise...more

Research Initiatives Hope To Unlock Complexity Of Brain Injuries

by Johnston, Moore & Thompson, Huntsville... on 4/3/2013

Traumatic brain injuries can manifest themselves in a vast array of symptoms. Victims can be made to struggle with any combinations of memory difficulties, motor difficulties, personality changes and emotional struggles....more

"Probability" of Having Contracted Communicable Disease at Work Held Sufficient to Assert an Occupational Disease Claim Even in...

by Williams Venker & Sanders on 4/3/2013

In a recent opinion, the Missouri Court of Appeals for the Western District held a workers' compensation claimant had sufficiently proven her husband sustained an occupational disease arising out of and in the course of his...more

Inmates Claim County is Depriving Them of Basic Medical and Mental Health Care - Similar Lawsuits Expected to be Filed as Counties...

by Jared A. Goldman | Best Best & Krieger LLP on 3/26/2013

Inmates in the Riverside County jails served a federal class-action lawsuit last week, claiming the county is subjecting them to cruel and unusual punishment by depriving them of basic medical and mental health care. Among...more

Personal Injury Damages And Medicaid Leins - SCOTUS Decides

by Deirdre R. Wheatley-Liss | Fein, Such, Kahn & Shepard, P.C. on 3/26/2013

You have a horrific accident and are looking a life of extreme medical care. The accident was caused by another person (drunk truck driver). You get a multi-million dollar award. Does the state that you live in get a share?...more

Weekly Law Resume - March 14, 2013: A Personal Injury Claim Involving Negligent Failure to Maintain and Inspect Hospital Equipment...

by Karen L. Moore | Low, Ball & Lynch on 3/25/2013

Catherine Flores v. Presbyterian Intercommunity Hospital Court of Appeal, Second District (February 27, 2013) Plaintiff Catherine Flores (“Flores”) was a patient at Presbyterian Intercommunity Hospital. On March 5,...more

Despite Having Standing to Sue, Plaintiffs Cannot Recover Damages for Medical Bills They Did Not Pay and Were Not Obligated to Pay

by Williams Venker & Sanders on 3/22/2013

The Missouri Supreme Court has held that putative class action plaintiffs claiming injury due to allegedly fradulent overbilling for medical care cannot recover because they were unable to show they actually suffered any...more

BioMet M2a Magnum Hip Replacements Linked to Painful Side Effects

by Hissey Kientz LLP on 3/19/2013

BioMet M2a Magnum hip replacement devices have been linked to complications including metal poisoning, hip implant loosening, fretting and corrosion, dislocation and fractures at the site of the implant....more

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Health Law › Personal Injury

Family Sues Hospital for Violating Do Not Resuscitate Order

California Appellate Courts Impose Significant Limitations on Plaintiffs’ Claims for Medical Damages

Alarm Fatigue: Joint Commission Considering National Patient Safety Guideline for Alarm-Equipped Medical Devices

Court of Appeal Applies Howell Rule to Future Medical Expenses and Noneconomic Damages

Massachusetts Mandates Prompt Investigation, Encourages Insurers to Offer Deadline Extensions to Bombing Victims

Cross-Border Crashes: How Canadian Healthcare Can Affect Your Settlement

Supreme Court Clarifies Subrogation Rights, Emphasizes Need for Precise Plan Language

Supreme Court Upholds Health Plan’s Right To Recover Money from Third Party

GranuFlo and NaturaLyte Accused in Heart Attacks [Video]

Lawsuits Claim SSRIs Can Cause Severe Birth Defects [Video]

Hernia Patients in Pain as Skin Procedure Fails [Video]

The U.S. Supreme Court Upholds Plan Sponsor’s Recovery Of Participant Damages Award

HMO Hit with $524M Verdict for Giving Hep C in Colonoscopies

Howell Rule Applies When Medical Services Were Paid by Medicare, Court of Appeal Concludes

Counties in California Can Learn a Few Lessons from State on Inmate Health Care - BB&K Health Care Attorney Shares Tips on...

What's In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement

Stryker Hip Replacement Recall Website Launched By Hissey Kientz, LLP Law Firm

Negligent Credentialing Claim Recognizable Under Massachusetts Law

Research Initiatives Hope To Unlock Complexity Of Brain Injuries

"Probability" of Having Contracted Communicable Disease at Work Held Sufficient to Assert an Occupational Disease Claim Even in...

Inmates Claim County is Depriving Them of Basic Medical and Mental Health Care - Similar Lawsuits Expected to be Filed as Counties...

Personal Injury Damages And Medicaid Leins - SCOTUS Decides

Weekly Law Resume - March 14, 2013: A Personal Injury Claim Involving Negligent Failure to Maintain and Inspect Hospital Equipment...

Despite Having Standing to Sue, Plaintiffs Cannot Recover Damages for Medical Bills They Did Not Pay and Were Not Obligated to Pay

BioMet M2a Magnum Hip Replacements Linked to Painful Side Effects

GranuFlo and NaturaLyte Accused in Heart Attacks [Video]

Lawsuits Claim SSRIs Can Cause Severe Birth Defects [Video]

Hernia Patients in Pain as Skin Procedure Fails [Video]

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