News & Analysis as of

Medical Malpractice Health Care Providers

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

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

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

Elder Abuse: Awareness Day Aims To End It

Neglect of the elderly, an all-too-often occurrence in nursing homes and other community settings, will take center stage June 15, 2017, during World Elder Abuse Awareness Day....more

Code Red: Healthcare Restructurings on the Rise

Financial distress – sometimes it is isolated to specific borrowers and other times, it is endemic within an industry. In recent years, energy (e.g., oil, gas, and coal), retail and other industries have suffered widespread...more

Finally, a Win for Long-Term Care Facilities: United States Supreme Court Invalidates Kentucky Rule Singling Out Arbitration...

by Reminger Co., LPA on

Anyone familiar with long term care litigation knows that the number of disputes regarding the use and enforcement of arbitration agreements in the context of assisted living/nursing home admissions has risen sharply over the...more

“Sometimes Wrong, Never in Doubt” – A New Perspective?

Two recent studies of medical malpractice claims highlight how patient complaints may identify those surgeons at greater risk for complications, a significant decrease in paid medical malpractice claims since 1992, and the...more

Health Alert (Australia) 22 May 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 16 May 2017 - Realview Holdings Pty Ltd And City Of Busselton [2017] WASAT 71 - Town planning - Development application - Land use...more

Health Alert (Australia) 15 May 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 5 May 2017 - Inquest into the death of Heather Fotiades [2017] NTLC 012 Medical practitioners prescribing high dose opioids for...more

Why the Tail Policy Didn’t Cover the Doctor’s Tail

by Faegre Baker Daniels on

Dr. Steven Svabek may have set a record for the number of reasons why his tail policy didn’t cover the medical malpractice claims against him. According to a memorandum decision issued last week by the Indiana Court of...more

Anything Goes: Indiana Supreme Court Holds Malpractice Claimants Not Limited to Theories Presented to Medical Review Panel

by Reminger Co., LPA on

Indiana’s Medical Malpractice Act requires that before claimants may bring a malpractice action against qualified healthcare providers in court, their claims must be reviewed by a medical review panel (“panel”). The panel...more

EMTALA Laboring Along 30 Years Later

by BakerHostetler on

The Emergency Medical Treatment and Active Labor Act (EMTALA), despite being enacted more than 30 years ago, has produced a case examining the applicability of malpractice damages limitations that bears watching. In...more

Florida Supreme Court Rulings Affecting Health Care Providers

by Wilson Elser on

It is well established that Florida physicians are required to report any adverse incident that occurs in their office to the Department of Health. Discovery of these reports is a patient’s constitutional right under Article...more

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

A Physician is Leaving Your Practice – “Must Have” Employment Agreement Provisions (Part II)

by Burr & Forman on

The following is the second installment of a three-part series discussing important provisions in physician employment agreements. When a physician leaves a medical practice, especially if the physician stays in the area...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 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

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