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Medical Malpractice

Nebraska Med Mal Cap Survives 7th, 5th & 14th Amendment Attacks

by Faegre Baker Daniels on

The US Court of Appeals for the Eighth Circuit has upheld Nebraska’s statutory medical malpractice limit, rejecting attacks that were based on the Seventh, Fifth, and Fourteenth Amendments of the US Constitution. After a...more

A New Hurdle for Medical Malpractice Claimants: Legislation Establishing Medical Review Panels Takes Effect in Kentucky

by Reminger Co., LPA on

In a step toward tort reform, on June 29, 2017, Senate Bill 4 was signed into law and went into effect in Kentucky as KRS 216C.005 et seq., establishing a requirement that all potential medical malpractice lawsuits first be...more

CMS Releases Proposed Rule for 2018 Physician Fee Schedule

by King & Spalding on

On July 13, 2017, CMS proposed a rule (Proposed Rule) updating payment policies and rates, as well as the quality provisions, for the Medicare Physician Fee Schedule (PFS). Among other provisions, the Proposed Rule reduces...more

Damages in Illinois Medical Malpractice Cases Not Limited

by Howard Ankin on

There are no limits on medical malpractice damages amounts in Illinois in cases that have occurred since 2010. This means that the victims of medical malpractice might be able to recover damages that fairly compensate them...more

The Supreme Court of Ohio Dismisses as Improvidently Accepted Case on Whether a Physician-Employee Needs to Be Named in Medical...

In an interesting turn of events, the Supreme Court of Ohio dismissed Rush v. Univ. of Cincinnati Physicians, Inc. as improvidently accepted. The issue in the case was whether a physician-employee needs to be joined as a...more

More on King v. Bryant and Health Care Arbitration Agreements

by Ward and Smith, P.A. on

As discussed in an earlier article, the North Carolina Supreme Court recently held, in King v. Bryant, that physicians have a fiduciary relationship with their patients due to the special relationship of trust and confidence...more

Wisconsin appeals court rejects legal changes that GOP seeks nationally

Even as congressional Republicans advance their counter-factual campaign to strip patients who have been harmed while seeking medical services of their rights to seek legal redress, another state appeals court has rejected...more

What are the root causes of medical negligence?

Operating on the wrong extremity. Leaving a piece of equipment inside a patient after surgery. Failing to diagnose an illness. All are nightmare situations for a patient. But all are among the most-common types of medical...more

Health Alert (Australia) 27 June 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 22 June 2017 - Dorris Maharaj v Northern Health [2017] FWC 2997 - Application for relief from unfair dismissal – dismissal harsh,...more

Better Healthcare Newsletter from Patrick Malone - July 2017

What you need to know before having a knee or hip replaced - One of the largest demographic groups in U.S. history is graying fast and demanding treatments to keep active and mobile. That has made knee and hip replacements...more

Pennsylvania Supreme Court Rules that Only Physicians – Not Their Staff – Can Obtain Informed Consent

by Tucker Arensberg, P.C. on

A recent Pennsylvania Supreme Court decision will have a major impact on how physicians across the Commonwealth obtain informed consent from their patients. In Shinal v. Toms, 2017 WL 2655387 (Pa. June 20, 2017), the 4-3...more

Informed Consent Ruling May Affect Your Business

by Steptoe & Johnson PLLC on

In a 4-3 decision, the Supreme Court of Pennsylvania, overturning a Superior Court’s order, ruled that a jury could not consider information provided by the physician’s qualified staff in deciding whether a physician obtained...more

The Doctor Is In – or Better Be to Satisfy PA’s New Informed Consent Requirements

With the increased presence of qualified staff members in a physician’s office and the constant time-pressure on physicians, many patients rely heavily on individuals other than the physician to answer questions about...more

Delgado v. Manor Care of Tucson

Arizona Supreme Court Revises Test for APSA Claim - The Supreme Court has revised the test for determining if an actionable violation of the Adult Protective Services Act has occurred. A.R.S. § 46-451. The court...more

Elder Abuse: Who is doing it?

When the time comes that an aging family member needs full-time care, or more care than he or she is receiving, most eyes turn to a daughter or a son, or depending on the circumstances, a grandchild. Often, employment...more

Elder Abuse: Signs, Symptoms You Can Identify

The mistreatment of the aged is a societal ill that, sadly, is unlikely to be cured soon. The statistics tell the story. By 2025, the global population of seniors (defined as those age 60 and older) will reach 1.2 billion....more

H.R. 1215: Lawmakers looking out for citizens will vote NO

When you read what I just read, you will have to ask yourself: why is my legislator in favor of House Resolution 1215 (HR 1215)?...more

Arizona Civil Verdicts, 2016

by Snell & Wilmer on

For the past 13 years, I’ve written the cover story of the state bar magazine, Arizona Attorney, about Arizona verdicts. The latest one is out. Here are 2016’s top Arizona verdicts, significant defense verdicts, punitive...more

HR 1215 — Taking Rights Away from Americans

The House of Representatives is trying once again to get HR 1215 out and into the Senate to make it the law of the land. This is a really bad law that takes away rights of Americans....more

Be Careful With That Power of Attorney!: Arbitration Clauses and Nursing Home Lawsuits

by LeClairRyan on

On May 15, 2017, the Supreme Court of the United States handed down its opinion in Kindred Nursing Centers, L.P. v. Clark. This case addressed the issue of whether an agent acting pursuant to a power of attorney could bind...more

Fla. justices reject keystones of partisans’ plan to undercut patients’ rights

As congressional Republicans pursue their counter factual campaign this week to strip patients of their rights to pursue legal redress for harms they suffer while seeking medical services, the Florida Supreme Court has sent a...more

Fifth Circuit Holds That SPD Was An Enforceable Plan Document Through Which The Administrator Could Properly Seek Reimbursement

by DeWitt Law, LLC on

In another victory for plan administrators seeking reimbursement under the terms of ERISA plans, in Rhea v. Alan Ritchey, Inc. Welfare Benefit Plan, No. 16-41032, 2017 U.S. App. LEXIS 9482 (5th Cir. May 30, 2017), the Fifth...more

Insurance Confusion — Breast Cancer

We have all seen the catchy T-shirts for the Susan B. Komen walks “Protect the Tatas.” Few adult diseases have received as much fund-raising attention as Breast Cancer, and for good reason....more

Can Robot-Assisted Surgery Be a Pain?

Recently, my colleague Amy Foust made some really good points about a subject that is rarely discussed. Over the years, a number of patients have claimed that they were injured by surgical robots defective by design or...more

Health Alert (Australia) 5 June 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 26 May 2017 - Mrs Nicole Webb v The Trustee for SWC Unit Trust T/A Salisbury Day Surgery [2017] FWC 2573 - Application for relief from...more

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