News & Analysis as of

Healthcare Professional Liability

Napoli Shkolnik

Diagnostic Errors Claim Nearly 800,000 American Lives Per Year, Study Finds

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A new study shows that approximately 371,000 people die and 424,000 sustain permanent disabilities due to diagnostic error, including brain damage, blindness, loss of limbs or organs or metastasized cancer....more

Bradley Arant Boult Cummings LLP

Are You Covered? Limitations of Claims Made Policies for Senior Living Facilities

If a resident in an assisted living or skilled nursing facility sustains an injury, the owner and operator of the facility will generally look to their errors and omissions or professional liability insurance policy for...more

Polsinelli

How the Federal Tort Claims Act Extricates Certain Health Care Providers From Data Breach Class Action Suits

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Data breach class action litigation continues to occupy center stage in the ongoing struggle to secure compensation and redress for legitimate victims of actionable cybersecurity shortcomings of data owners. The underlying...more

Manatt, Phelps & Phillips, LLP

The Chaotic Health Care Landscape in a Post-Roe World

The Big Picture - On June 24, the Supreme Court of the United States issued a far-reaching decision, Dobbs v. Jackson Women’s Health Organization, that repudiates nearly 50 years of precedent on a woman’s right to abortion...more

Conn Kavanaugh

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

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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

Steptoe & Johnson PLLC

The West Virginia Medical Professional Liability Act Applies Broadly to Services Encompassing Patient Care – Not Just the Care...

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The Supreme Court of Appeals of West Virginia issued a new opinion that finds that litigants cannot characterize claims as “corporate” or “general” negligence in an attempt to circumvent the West Virginia Medical Professional...more

Steptoe & Johnson PLLC

A Broad New Interpretation of the Scope of the West Virginia Medical Professional Liability Act

Steptoe & Johnson PLLC on

The West Virginia Supreme Court issued a new memorandum decision which broadly interprets the scope of the West Virginia Medical Professional Liability Act, applying it to entities who were not recipients of health care...more

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

A $229-million Baltimore malpractice case? It’s worth digging into this news

Headlines can command attention while not always fully informing, as might be the case with these eye-catching story titles, one fresh, the others a few years back...more

Ward and Smith, P.A.

North Carolina Birth Injury Cases

Ward and Smith, P.A. on

The majority of the time medical professionals, including doctors and nurses, provide excellent care to their patients. However, sometimes care is provided that falls well below acceptable professional standards. When...more

Faegre Drinker Biddle & Reath LLP

Health Facilities May Be Insuring Doctors Without Knowing It

A September 29 ruling by the New Jersey Supreme Court effectively makes a health facility liable for the professional negligence of a medical staff member who doesn’t have malpractice insurance or who has insurance that...more

Baker Donelson

ABA Resolution 105 on Punitive Damages Is Dead for Now

Baker Donelson on

On the eve of the ABA's Annual Meeting next week, the ABA's Standing Committee on Medical Professional Liability announced its withdrawal of proposed Resolution 105 from consideration by the ABA House of Delegates. The...more

Robins Kaplan LLP

Skilled Nursing Care Facility Inadequate Staffing Claims: Recent Coverage Developments in California

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Professional liability insurers continue to confront claims alleging inadequate staffing at skilled-nursing facilities. While some policies clearly exclude coverage, others present a much closer question, particularly when...more

Troutman Pepper

Telemedicine and Mobile Health Innovations Amid Increasing Regulatory Oversight

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The growing mobile health market is rapidly transforming health care delivery. More than 80 percent of physicians use mobile technology to provide patient care, and more than 25 percent of commercially insured patients use...more

Manatt, Phelps & Phillips, LLP

Health Update - Jan 27, 2014

Going Digital with Patients: Managing Potential Liability Risks of Patient-Generated Electronic Health Information - Patients are increasingly using new electronic tools, such as personal health records and mobile...more

Snell & Wilmer

Health Care Reform Expands Physicians’ Liability

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The Patient Protection and the Affordable Health Care Act (“ACA”) is designed to reduce the cost of health care and to improve quality of care. To achieve these goals, the ACA relies, in part, on Accountable Care...more

Baker Donelson

Operative Reports May Lead to False Statement Prosecution

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You are a hardworking surgeon who is committed to providing quality care to all of your patients, including your Medicare beneficiaries. Because you are so busy, you routinely dictate your pre-operative and post-operative...more

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