News & Analysis as of

Medical Malpractice Health Care Providers

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

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

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

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

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

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

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

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

Your Patient Intake Forms May Need a Checkup

by Ward and Smith, P.A. on

On January 27, 2017, the North Carolina Supreme Court held that a physician and his practice could not enforce an arbitration agreement against a patient where the physician and his practice did not make full disclosure to...more

Alert: 2016 Round-Up: Key Decisions Affecting Connecticut Health Care Providers

by Pullman & Comley, LLC on

Connecticut state and federal courts faced a number of significant health care issues last year. We have summarized those cases that we think are particularly relevant to Connecticut hospitals, group practices and individual...more

Recent Arizona appellate decisions of note to providers

by Snell & Wilmer on

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

Client Alert: Florida Supreme Court Broadens Patient Access to Adverse Incident Reports

A recent decision by the Florida Supreme Court has significant implications regarding certain adverse incident reports previously viewed as outside the scope of permitted discovery. Florida health care providers currently...more

Amendment 7 Prevails Over Patient Safety Work Product Protections

by Carlton Fields on

On January 31, the Florida Supreme Court ruled that the “Patient Safety Work Product” privilege cannot shield Florida health care providers from Amendment 7 requests. The court’s decision in Charles v. Southern Baptist...more

Is there operating room for compulsory PI insurance

by Hogan Lovells on

Since its inception on 30 August 2010, the regulations requiring health professionals to have professional indemnity insurance have lain dormant in a state of moratorium, almost as a distant memory some do not wish to recall....more

Hospital Insists it Was Malpractice; Patient Disagrees

by Faegre Baker Daniels on

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

by DLA Piper on

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

An Overview of North Carolina Medical Malpractice Law

by Ward and Smith, P.A. on

Medical providers — including doctors, nurses, hospitals, clinics, nursing homes, and other health care providers — deliver care that positively affects the lives of millions of people each year. However, even medical...more

Medical Malpractice and Healthcare Quarterly - Winter 2016

by Morris James LLP on

Delaware Superior Court Clarifies “Wrong Body Part” Exception to Affidavit of Merit - The Delaware Superior Court recently dismissed a plaintiff’s claim against a physician and clarified the meaning of one of the...more

Apology Laws Are Not Self-Executing

by Faegre Baker Daniels on

A recent study of state apology laws by three Vanderbilt University researchers concludes, among other things, that “from the perspective of physicians, apology laws are almost certainly detrimental,” increasing the frequency...more

Ohio Supreme Court Decision Permits Immediate Appeals from Discovery Orders Requiring Disclosure of Privileged Materials

by Reminger Co., LPA on

In Burnham v. Cleveland Clinic Foundation, Case No. 2015-1127 the Ohio Supreme Court recently issued a decision that will make it easier to file immediate (aka interlocutory) appeals from trial court decisions requiring...more

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