News & Analysis as of

Medical Malpractice

Health Alert (Australia) April 24, 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 11 April 2017 - Medical Board Of Australia and Nuttall [2017] WASAT 58 - National Law - Professional misconduct - Advice - Lacking...more

Economists’ Rx for MDs’ legal wellbeing? Practice better medicine

In the battles between lawyers and doctors over malpractice lawsuits filed by patients harmed while seeking medical services, it may be worth heeding economists’ prescription for caregivers: Physicians, heal thy selves....more

Do State Med Mal Caps Apply to EMTALA Cases?

by Faegre Baker Daniels on

State limitations on medical malpractice recoveries seem to be under almost daily attack. The latest serious threat comes from Louisiana, where a federal district court has authorized an interlocutory appeal of his ruling...more

Tort Reform Bill to Narrow Definition of Employee in Medical Negligence Actions

by Lathrop & Gage LLP on

SB 237 is a bill designed to limit the liability of hospitals and other healthcare providers for the actions or omissions of those who are not within a narrow definition of “employee.” SB 237 is designed as a legislative fix...more

Bunch of Bad Bills Brings Up Denial of Citizen Rights

Fast-Track Legislation Appears To Attack 7th Amendment - Tort reform has become a hot potato again as a series of proposed bills have been unleashed that impinge on the rights of people harmed or injured by product...more

Solid Victory for Ind. Med Mal Plaintiffs’ Bar

by Faegre Baker Daniels on

On April 7 the Indiana Supreme Court handed the plaintiffs’ bar a solid victory in the six-year battle that has raged since issuance of the 2011 Indiana Court of Appeals decision in K.D. v. Chambers. That decision was...more

Does Defensive Medicine Impact the Cost of Healthcare?

by Snell & Wilmer on

Healthcare in the United States costs at least two to three times as much as healthcare in other developed countries. One of the reasons usually given is defensive medicine – doctors who order unnecessary tests and procedures...more

New rules on medical liability (Italian)

by Dentons on

Entry into force on April 1 the Law n Gelli. 24/2017: new rules on health responsibilities - On April 1, 2017 came into force Law no. 24/2017 ( "Law Gelli") on "Measures for the safety of care and of the patient, as well...more

Evidence grows on lack of merit in GOP attack on harmed patients’ legal rights

Doctors should hold the prime role in the nation’s medical policy making, Tom Price, the orthopedist who is the Trump Administration’s top health expert, has insisted. But will the U.S. Health and Human Services Secretary...more

Hail Mary Passes & Banana Peels

by Faegre Baker Daniels on

March 23 saw a rare spectacle in the courtroom of the Indiana Supreme Court: lawyers for a medical malpractice case plaintiff, supported by the Indiana Trial Lawyers as amicus, and lawyers for the physician defendant in the...more

Doctor's Legal Malpractice Claim Tossed Based on Her Failure to Demonstrate "But For" Causation

by Hinshaw & Culbertson LLP on

Manveen Saluja, M.D. v. Honigman Miller Schwartz & Cohn, LLP, 2017 WL 1033751 (Mich. 2017) - Brief Summary - Summary judgment in favor of defendants was affirmed based on plaintiff's failure to establish that but...more

Indiana Reaffirms Relaxed Rule for Med Mal Complaints

by Faegre Baker Daniels on

In Indiana a medical malpractice plaintiff doesn’t proceed directly to court. First, a proposed complaint goes to the Indiana Department of Insurance, and the case is heard by a Medical Review Panel consisting of physicians....more

A Contract Be too Good to Be True

by Faegre Baker Daniels on

If it sounds too good to be true, it probably is. A Florida Supreme Court decision provides a variation on the adage: if a contract looks too favorable to one side to be valid, it probably isn’t. Thirty-nine weeks...more

Fifth DCA Reaffirms Protections Against Surprise Tactics at Trial

by Rumberger Kirk & Caldwell on

This past January, Florida’s Fifth District Court of Appeal found that a trial court had committed reversible error by allowing a party to argue and present previously undisclosed expert testimony and evidence to the jury at...more

An Arbitration Agreement That Attempts to Skew a Statutory Arbitration Scheme Is Void as Against Public Policy

Federal public policy favors arbitration and the broad interpretation and enforcement of arbitration agreements. So how can an arbitration agreement be held by a court to be void as against public policy? One answer from a...more

Indiana Medical Malpractice Plaintiffs May Present New Theories of Liability at Trial That Were Not Argued to the Medical Review...

by Reminger Co., LPA on

In two decisions issued by the Indiana Court of Appeals on February 22, 2017, the Court held that a medical malpractice plaintiff may raise a new theory of liability in state court that was not previously argued to a medical...more

Congressional Hypocrisy — Taking away your rights

As a part of the recent speed racing bills through Congress, they have put up HR 1215. Quite erroneously, they have titled it: “Protecting Access to Care Act of 2017”. A read of the act’s text quickly tells any objective...more

Congress is About to Take Away Your Rights

The U.S. Congress is fighting hard to take away your rights and the power of individual states to protect those rights. The influence of BIG BUSINESS over your elected representatives is being used protect careless and...more

You Should Know - March 2017

Proposed Law on Medical Malpractice and Nursing Home Abuse May Hurt Your Family - It’s already hard enough in many states to hold accountable those responsible for medical errors at nursing homes, clinics and hospitals....more

A Heartfelt Class Action

by Benesch on

Few class actions tug at the heart, but Blevins v. Aksut does. Elizabeth Blevins and 180 others brought a class action in Alabama state court against Seydi V. Aksut, M.D., alleging that “after an examination, Doctor...more

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

Shouldn’t Congress Try to Save Lives of Americans?

What kills between 250,000 and 440,000 people in the United States each year; 700 deaths per day? What is the third leading cause of death in America? Isn’t it one of the responsibilities of the US Congress to...more

Summary of California Appellate Decisions - February 2016

INSURANCE; BAD FAITH; GENUINE DISPUTE DOCTRINE - Paslay v. State Farm General Insurance Co. (2016) 248 Cal.App.4th 639 203 Cal.Rptr.3d 785 - FACTS: State Farm issued a homeowners policy to Paslay, the...more

Telemedicine Liability – The Real Numbers

by Cozen O'Connor on

Amidst all the interesting legal and regulatory issues implicated by telemedicine, one issue less discussed is the potential liability exposure associated with telemedicine. Many critics have argued that the nature of how...more

Frequently Asked Questions About Wrongful Death

The state of California, like other states, has its own version of a wrongful death statute. While many people confuse wrongful death with cold-blooded murder, in fact, a wrongful death happens due to the negligence or...more

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