Health Personal Injury

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Spoiler Alert: Florida Appellate Court Upholds PMA Preemption and Rejects Parallel Claim

Over the years, comedian Adam Carolla has played the “Germany or Florida” game on his various radio and tv programs and podcasts. The game is based on the observation that many of the most bizarre stories of human ineptitude...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

Product Liability Update: January 2017

Massachusetts Appeals Court Holds Birth Control Patch Manufacturer Had Duty to Warn Patient Directly But Packet Insert Adequately Warned of Greater Risk of Blood Clots As Compared to Birth Control Pill; Design Defect Claim...more

Just What the Doctor Ordered: Package Insert Does not Establish Standard of Medical Care

Like most Americans, we like our doctor. We like doctors in general. We are not looking to start another song battle with our friends over at the Abnormal Use blog, like when we competed to name as many law songs as...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

Hospital Insists it Was Malpractice; Patient Disagrees

At first glance it looks like a “Man Bites Dog” headline. The hospital insists that the patient was injured by professional negligence; the patient vehemently disagrees. The argument goes all the way to the state court of...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

Perspectives for the Professions - January 2017: Case Summary: Test for Interim Conditions

Scott v. College of Massage Therapists of BC, 2016 BCCA 180, allowing an appeal of the lower Court’s decision to quash an interim condition on practice. A massage therapist was the subject of a complaint that he had...more

SDNY Applies Preemption in Favor of Branded Drug

On January 3, 2017, we commenced the dreary process of taking down the Christmas decorations. The German nutcrackers slid back into their cartons. Stockings marched from the mantle into plastic storage containers. We picked...more

Florida’s Second District Court of Appeal Declares Florida’s Non-Economic Damages Caps Unconstitutional in Medical Malpractice...

In another unfortunate blow to Florida’s statutory caps on non-economic damages awards in medical malpractice cases, the state’s Second District Court of Appeal recently became the second of Florida’s five intermediate...more

Awful Missouri Venue/Joinder Ruling Offers Way Out – Take It!

Even after having read it through twice, we find the result in Barron v. Abbott Laboratories, Inc., ___ S.W.3d ___, 2016 WL 6596091 (Mo. App. Nov. 8, 2016), hard to fathom, and even harder to stomach. For several years after...more

U.S. Supreme Court to Weigh In On the Use of Nursing Home Arbitration Agreements

In yet another recent legal development regarding the use of arbitration agreements by nursing home owners and operators in connection with nursing home claims by residents against the nursing home, the United States Supreme...more

South Dakota high court won’t force hospitals to disclose why they let a bad doctor operate on patients’ spines

South Dakotans will need their state lawmakers’ help now to pry open physicians’ iron grip on secret decisions about which doctors get to practice in hospitals and why. That’s because the state’s Supreme Court ruled this...more

Indiana Supreme Court Extends the Stanley Doctrine to State-Sponsored Medical Reimbursements

On October 21, 2016, the Indiana Supreme Court weighed-in on a closely watched case that drew much attention from the defense and plaintiff’s bar alike. Approximately one (1) year ago, I reported that the Indiana Court of...more

Federal auditors assail $359 million in Medicare costs for chiropractic care

Federal auditors have found that 80 percent of Medicare spending in a recent year on chiropractic care-some $359 million-was medically unnecessary. The federal insurance program for senior citizens should not have thrown...more

Florida’s Second District Court of Appeal Upholds the Enforceability of Arbitration Agreements in Disputes with Nursing Homes...

For the second time in less than a month, a Florida appellate court addressed the issue of arbitration agreements and their enforceability as it relates to disputes residents of nursing homes may have with the nursing home. ...more

Recent Blows to the Use of Forced Arbitration Agreements by Florida Nursing Homes

The Florida Supreme Court and the Centers for Medicaid and Medicare Services (“CMS”) recently dealt two blows to the use of arbitration agreements by nursing homes for any disputes they may have with their residents in...more

New CMS Guidance on Abuse of Patient Privacy Rights

Last month, I noted recent media reports raising patient privacy concerns due to health care providers’ use of social media in the workplace [The Potentially Dangerous Intersection of Healthcare and Social Media]. It appears...more

Using the Affordable Care Act in Defense of Catastrophic Personal Injury Cases

Courts across the country are beginning to consider the argument that the Affordable Care Act (ACA) serves as a vehicle to limit a plaintiff’s claim for future medical damages. Plaintiffs often use exaggerated life care plans...more

NCAA Faces New Class-Action Concussion-Related Lawsuits

The National Collegiate Athletic Association (“NCAA”) was hit with seven new concussion-related class action lawsuits on August 31, 2016. The new lawsuits increase the total number of lawsuits filed since May 2016 to 22...more

Dismissing Lawsuits Against Owners of New York Nursing Homes

There are many state and federal statutes which provide personal liability against the owners of businesses that are operated through corporate or other legal forms such as Limited Liability Company’s (“LLC’s”). One such...more

CMS Issues Guidance on Privacy Concerns at Nursing Homes

Earlier this month, CMS issued guidance regarding privacy concerns in nursing homes. In a letter entitled “Protecting Resident Privacy and Prohibiting Mental Abuse Related to Photographs and Audio/Video Recordings by Nursing...more

Eleventh Circuit Finds Insurer Liable for Medicare Lien Notwithstanding Insurer's Efforts to Satisfy the Lien in Settlement, also...

In a case with far-reaching implications, the Eleventh Circuit Court of Appeals issued an opinion concluding that the Medicare Secondary Payer Act (MSP) permits a private insurance company/PART C Medicare Advantage...more

OIG Examines Adverse Events in Rehab Hospitals

According to a recent HHS Office of Inspector General (OIG) report, about 29% of Medicare beneficiaries experienced adverse or temporary harm events during their rehabilitation hospital stay, based on sample of 417...more

Settling Defendants Beware: Eleventh Circuit Holds Settling Insurer Liable for Failure to Protect Medicare Payments Made by...

Congress created an uproar among personal injury tort defendants and their insurers when it passed the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA) less than 10 years ago. The $1,000 per day fine for failure to...more

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