News & Analysis as of

Physicians Liability

Nelson Mullins Riley & Scarborough LLP

Avoid NC Medical Board Scrutiny of Your Medical Spa

The North Carolina Medical Board ("Board") recently issued a guidance document describing a situation involving a physician serving as the medical director of a medical spa, where the medical spa is owned by a non-licensee....more

Marshall Dennehey

Methadone Clinic Owed No Duty to Jogger Killed by Negligently Treated Patient

Marshall Dennehey on

Ritz v. Ramsay, 305 A.3d 1056 (Pa. Super. 2023) - The decedent plaintiff in this matter was struck and killed by a vehicle operated by Ramsay, a patient of the defendant, a methadone clinic. Ramsay had been given an unusually...more

Kerr Russell

Before You Sign—Minimizing Medical Director Liability Exposure

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Whether at a hospital, nursing home, surgical center or private office, physicians are encountering “Medical Director” opportunities more frequently than ever before. While physicians may be intrigued by the title,...more

Mintz

EnforceMintz — Some of 2023’s Largest FCA Resolutions Involved Stark Law Allegations

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The Physician Self-Referral Law — known as the “Stark Law” — broadly prohibits physicians from profiting from self-referrals for “designated health services” (DHS) payable by Medicare or Medicaid. For example, the Stark Law...more

Kaufman & Canoles

When Does a Medical Error Become a Criminal Act?

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Healthcare providers carry heavy liability risks in the event of a medical malpractice allegation or professional standards violation, which can be costly and lead to licensing ramifications and reputational damage. While the...more

White and Williams LLP

Pennsylvania Hospitals Provided a Path to Offset Ostensible Agent Liability

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A recent Pennsylvania Supreme Court decision provided hospitals a path to offset liability for their ostensible agents’ negligence. In McLaughlin v. Nahata, the Court recognized that a defendant hospital could seek...more

Marshall Dennehey

Refusal to Provide Voluntary Inpatient Examination and Treatment to Persons Who Submit for Examination Now Subject to Review Under...

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Under Pennsylvania law, medical providers and facilities may be held liable for refusal to provide voluntary inpatient examination and treatment to a person who submits him or herself for examination and treatment when the...more

Kerr Russell

New Rule Puts Hospitals At Greater Risk Of Liability

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On December 7, 2022, the Michigan Supreme Court decided Markel v Beaumont Hospital, 982 NW2d 151 (2022). In a 4-3 decision, the court offered a novel interpretation of Grewe which, in the words of dissenting Justice David...more

Kerr Russell

Hospitals May Face Increased Liability Under Michigan Supreme Court Decision

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In the recent case of Markel v. William Beaumont Hospital, 982 N.W.2d 151 (2022), the Michigan Supreme Court changed the analysis for claims alleging that a hospital is vicariously liable for a non-employee’s alleged...more

Pullman & Comley - Connecticut Health Law

Top 10 Connecticut Health Law Cases for 2021

Befitting a year in which the lingering COVID-19 pandemic caused delays in almost every aspect of daily life, Pullman & Comley’s annual survey of notable health law cases from Connecticut’s trial and appellate courts makes...more

Epstein Becker & Green

[Virtual Conference] Getting Your House in Order to Maximize Valuation and Prepare for a Strategic Transaction: 2021 Physician...

A Complimentary Four-Part Webinar Series Geared Towards Educating Physicians and Physician Groups - In light of the COVID-19 pandemic and its ensuing aftermath, more physicians than ever are considering and entering into...more

Health Care Compliance Association (HCCA)

[Webinar] Digital Tech, Liability, Compliance, and Enforcement in the COVID-19 Era - April 29th, 12:00 pm - 1:30 pm CDT

Learning Objectives: - Hear from former state and federal prosecutors and regulators regarding the state of affairs for healthcare providers, operational, and compliance professionals - Learn about how the pandemic has...more

Jackson Lewis P.C.

PREP Act And COVID-19 Vaccinations: Health And Human Services Department Clears Way To Assist

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Individuals and organizations that want to play a role in administering countermeasures to combat a disease or combat a public health emergency, such as COVID-19, worry about the potential legal exposure. The choice to...more

Sheppard Mullin Richter & Hampton LLP

Authorized Government Contractors Now Covered Persons Under the PREP Act

The Secretary of the U.S. Department of Health and Human Services recently added government contractors to the list of entities eligible for immunity from liability under the Secretary’s March 17, 2020, Public Readiness and...more

Haight Brown & Bonesteel LLP

A Weighty Decision on Negligent Treatment Recommendations and Informed Consent

In Flores v. Liu (2021) __ Cal.App.5th __ (2021 WL 282302), the California Court of Appeal, Second Appellate District, held that a physician may be liable for negligently recommending a course of treatment in two situations,...more

Miles Mediation & Arbitration

[Webinar] Healthcare Provider Immunity for Covid19-Related Claims - September 23rd, 6:00 pm ET

Whether Georgia’s legislation to limit liability for healthcare providers and their employees against COVID19-related claims is appropriate is one of the most hotly contested legal disputes in the healthcare field today. How...more

Akin Gump Strauss Hauer & Feld LLP

Health Care Providers and the State of Liability Protections in the COVID-19 Era

- As the COVID-19 pandemic continues, the clamor for liability protections for the nation’s health care providers continues. - Although there are serious political divisions, the COVID Phase 4 relief legislation may...more

Harris Beach PLLC

Legislature Shields Health Care Workers from Liability in COVID-19 Pandemic

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Recognizing the unprecedented reach and toll of the COVID-19 public health emergency, Governor Cuomo on Friday, April 3 signed into law a number of measures designed to shield health care professionals from civil and criminal...more

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