News & Analysis as of

Criminal Prosecution Medical Malpractice

Kaufman & Canoles

When Does a Medical Error Become a Criminal Act?

Kaufman & Canoles on

Healthcare providers carry heavy liability risks in the event of a medical malpractice allegation or professional standards violation, which can be costly and lead to licensing ramifications and reputational damage. While the...more

Bricker Graydon LLP

Malpractice does not equal murder

Bricker Graydon LLP on

There have been two recent attempts to pursue criminal charges against medical providers that garnered national publicity. The question is whether these two cases are outliers or a sign of things to come....more

Conn Kavanaugh

Medication Errors Lead to a Criminal Conviction: What Nurses Should Know about the RaDonda Vaught Verdict

Conn Kavanaugh on

The case has rocked the medical profession. On March 25, 2022, a Tennessee jury found a former Vanderbilt University Medical Center nurse guilty of criminally negligent homicide and negligent abuse of an impaired adult....more

Patrick Malone & Associates P.C. | DC Injury...

Virginia Ob-gyn sentenced to 59 years in prison for harming patients and ripping off insurers

A 70-year-old obstetrician-gynecologist likely will spend the rest of his life in jail. A federal judge sentenced Dr. Javaid Perwaiz to 59 years’ imprisonment for a decade-long spree of enriching himself by practicing costly,...more

Carlton Fields

Ninth Circuit Applies Willful Violation of Law Exclusion in Professional Liability Policy To Preclude Coverage for Wrongful Death...

Carlton Fields on

In National Fire & Marine Insurance Company v. Hampton, No. 19-17235 (9th Cir. Oct. 21, 2020), the Ninth Circuit held that a doctor’s guilty plea to the unlawful distribution of a controlled substance barred insurance...more

Wiley Rein LLP

Doctor’s Guilty Plea Establishes Basis for “Willful Violation” Exclusion from Coverage in Wrongful Death Case

Wiley Rein LLP on

Applying Nevada law, the Ninth Circuit has held that a professional liability insurer did not have a duty to defend or indemnify a doctor for a wrongful death action because the doctor’s guilty plea triggered an exclusion for...more

Patrick Malone & Associates P.C. | DC Injury...

Critics may howl. But with stubborn wrongs, big settlements may be necessary

Doctors, hospitals, insurers, politicians, and businesses may assail the civil justice system over sums it awards to people who have proven they have been harmed. But as significant as some judgments may be, they may be...more

Thomas Fox - Compliance Evangelist

A Compliance Response to the Opioid Crisis: Part I – The Problem

Next week, I begin a five-part podcast series on emerging issues in healthcare compliance with Jesse Caplan, Managing Director of Corporate Oversight at Affiliated Monitors, Inc. (AMI), the sponsor of the series. Caplan has...more

Patrick Malone & Associates P.C. | DC Injury...

Surgeon jailed in Dallas, as details unwind still of his terrible spine surgery spree

Just how difficult can it be to stop a highly credentialed but dangerous doctor from hop-scotching around a metropolitan area to perform brutal spinal surgeries in different hospitals, including a respected academic medical...more

Snell & Wilmer

Ninth Circuit Upholds Felony Conviction of Urologist, Under FDCA, for Reusing Single-Use Needle Guides During Prostate Biopsies...

Snell & Wilmer on

In 2014, Las Vegas urologist, Dr. Michael Kaplan, was convicted by a federal jury for reusing single-use plastic needle guides during prostate biopsies. He was convicted of conspiracy to commit adulteration in violation of...more

McAfee & Taft

What Oklahoma's amended Uniform Controlled Dangerous Substances Act means for prescribing medical providers

McAfee & Taft on

Last Friday, Oklahoma Governor Fallin signed House Bill 1948 into law, amending the Uniform Controlled Dangerous Substances Act. The new law, which goes into effect on November 1, 2015, enhances access to Oklahoma’s...more

Troutman Pepper

Misbranded Drugs: A Danger To Physicians And Patients

Troutman Pepper on

Mail-order businesses, including pharmacies, bombard doctors by fax, phone, and Internet offering an assortment of name-brand medications and treatments at bargain prices. These new options tempt physicians with the promise...more

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