Medical Malpractice Litigation
Is Veganism a Religion? It May Well Be for Employers and Their Employees
On June 3, AG Schneiderman announced an agreement with a credit card issuer to resolve an investigation into alleged consumer protection concerns arising from the offering of credit cards through medical care providers. ...more
In a case that underscores the inherent difficulty of implementing the Americans with Disabilities Act (ADA) in situations involving workplace safety issues, a federal district court in Connecticut determined that an...more
Michigan lawmakers are attempting to drastically reform the state’s medical malpractice laws. Last month, the House passed bills aimed to modify the current state of medical malpractice in Michigan....more
On May 17, 2013, the U.S. District Court for the Northern District of Georgia issued an order that joins an unsettling line of decisions suggesting that before filling prescriptions, pharmacies must serve as the arbiters of...more
In a landmark decision for the Iowa Nursing practice, the Iowa Supreme Court issued an opinion on May 31, 2013 finding that the Iowa Board of Nursing, and not medical organizations, had the authority to define the scope of...more
A New Jersey jury awarded more than $2.1 million to a man who was fired from his position of more than 20 years after complaining that his new supervisor lacked the proper credentials....more
The 2013 Florida Legislative Session concluded on May 3, 2013. The following is a partial summary of healthcare-related bills that may impact your business or practice. Note that some of these bills have become law, but...more
In March 2013, the U.S. Department of Justice (“DOJ”) settled the first lawsuit of its kind with a New Jersey medical school over claims that it violated the Americans with Disabilities Act (“ADA”) by excluding two Hepatitis...more
Increased Regulation of Interactions with Healthcare Professionals - In an effort to increase the transparency of interactions between pharmaceutical companies and health care professionals the new (17th) edition of...more
Physicians and other licensed health care providers labor many years to build their practices. However, unlike many other businesses, a health care practice cannot be passed by will or otherwise to the provider's spouse or...more
The Centers for Medicare and Medicaid Services (“CMS”) released an important instruction for physicians, non-physician practitioners (“NPPs”) and providers who bill for services provided in skilled nursing facilities (SNFs)...more
On Wednesday, April 17, 2013, the Department of Health and Human Services’ Office of Inspector General (OIG) released an updated Self-Disclosure Protocol (SDP) governing the process by which health care providers can...more
The Health Resources and Services Administration (“HRSA”) has issued a final rule (“HRSA Rule”) that will eliminate duplicative federal reporting requirements of provider sanctions and other adverse actions taken against...more
Catherine Flores v. Presbyterian Intercommunity Hospital Court of Appeal, Second District (February 27, 2013) Plaintiff Catherine Flores (“Flores”) was a patient at Presbyterian Intercommunity Hospital. On March 5,...more
After years of deliberation, the Center for Medicare & Medicaid Services (CMS) published its long-awaited regulations to implement the specific requirements of the Physician Payment Sunshine Act (Sunshine) on February 1,...more
In This Report: - I. Spotlight On Wage-And-Hour Risks For The Home Healthcare Industry - II. Potential Loss Of The Companionship Services Exemption - III. Other Common Types Of Claims - A. Misclassification...more
A look at a recent speech given by OSHA's Assistant Secretary, David Michaels, Ph.D., provides employers with insight into what agency touts as successes over the past several years and its vision for the year ahead. ...more
Injuries suffered at birth are among the most devastating and tragic for victims and their families. And when such injuries result from negligence, there is no good answer to families who ask why is my child hurt? In the...more
The DOJ has concluded that two medical schools had no lawful basis for excluding applicants who had active cases of Hepatitis B because they could not show that these individuals posed a direct threat to the health and safety...more
On February 4, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule to reform Medicare regulations that CMS views as unnecessary, obsolete, and/or excessively burdensome on hospitals and health care...more
Six Points Health Care Professionals and Organizations (and those who do business with them) Need To Know NOW: - Possible fines have increased dramatically. Under prior law, fines were capped at $100 per violation, with...more
We’ve commented several times in the past on the importance of the second phase of the two-step procedure now commonly employed by district courts in Fair Labor Standards Act cases. Under that procedure, courts will...more
In recently released decisions, the PRRB and the CMS Administrator addressed a number of issues of interest to many providers. Short summaries of those decisions are provided below. The PRRB and CMS Administrator post their...more
Changes to the HIPAA Enforcement Rule - Background: On October 30, 2009, HHS issued an interim final rule revising the Enforcement Rule to incorporate provisions of the HITECH Act. The NPRM then proposed a number of...more
On January 17, 2013, the Department of Health and Human Services (“HHS”) released its long awaited final HIPAA rule, which significantly expands certain obligations for healthcare providers and their business associates (the...more
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