News & Analysis as of

Punitive Damages Health Care Providers

Baker Donelson

Findings of Fraud Fuel $7 Million Verdict Against Long Term Care Provider

Baker Donelson on

A plaintiff in Nashville, Tennessee obtained a jury verdict of nearly $7 million in compensatory and punitive damages in a suit against a long-term care facility and its parent companies. The plaintiff, on behalf of her...more

Console and Associates, P.C.

Gastroenterologist at NYC Hospital Faces Multiple Allegations of Sexual Misconduct After Patients Come Forward

It’s common for anyone undergoing a major medical procedure to have some serious concerns. However, for most, these worries are focused more on the possibility of an adverse medical outcome and not on the risk of being...more

Epstein Becker & Green

NJ Supreme Court: No Punitive Damages in Medical Malpractice Case Without Evidence of Wanton and Willful Conduct

Epstein Becker Green Lawyers Anthony Argiropoulos, Theodora McCormick, William Gibson, and Maximilian Cadmus Argue for Amicus Curiae New Jersey Doctor-Patient Alliance...more

Jackson Lewis P.C.

U.S. Supreme Court Bars Emotional Distress Damages Under Section 504, Title VI, Title IX, ACA

Jackson Lewis P.C. on

The U.S. Supreme Court ruled that emotional distress damages are not recoverable in private actions to enforce statutes authorized by the Spending Clause of the U.S. Constitution....more

Husch Blackwell LLP

Supreme Court Holds That Emotional Distress Damages Are Not Available Under Title VI, Title IX, and Other Spending Clause Statutes

Husch Blackwell LLP on

In Cummings v. Premier Rehab Keller, P.L.L.C., the Supreme Court of the United States held that a plaintiff suing under Title VI (prohibiting race, color, and national origin discrimination), Title IX (prohibiting sex...more

Husch Blackwell LLP

50 State Update On Pending Legislation Pertaining To Employer-Mandated Vaccinations

Husch Blackwell LLP on

Per recent federal employment law guidance, private employers can generally require employees to get vaccinated for COVID-19 as long as they comply with federal employment laws that prohibit discrimination on the basis of...more

K&L Gates LLP

K&L Gates Triage: Protecting Patient Information in Bankruptcy Cases

K&L Gates LLP on

In this episode, Margaret Westbrook discusses privacy issues that may affect health care providers when filing proofs of claim in the bankruptcy court. Given the potential for public access of these records, it is important...more

Manatt, Phelps & Phillips, LLP

Health Update - July 2016

The Vulnerability of Healthcare Information - According to a report the Brookings Institute issued in May 2016, 23% of all data breaches occur in the healthcare industry. Nearly 90% of healthcare organizations had some...more

Faegre Drinker Biddle & Reath LLP

When Damages May Exceed the Statutory Med Mal Cap

Dr. Steven Nathanson is the defendant in a medical malpractice case involving the death of a patient. On June 24 the court rejected his motion for summary judgment on his claim that punitive damages are barred by West...more

McGuireWoods LLP

Kentucky Supreme Court Affirms Punitive Damages 386 Times Compensatory Damages; Clarifies Vicarious Liability Standards

McGuireWoods LLP on

Last month, the Kentucky Supreme Court affirmed an award of punitive damages against a hospital, under the Emergency Medical Treatment and Active Labor Act (EMTALA), that was a staggering 386 times the hospital’s share of...more

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