The Policy Committee of the North Carolina Medical Board (“NCMB”) issued proposed revisions to its “Telemedicine” and “Contact with Patients before Prescribing” position statements on September 23, 2014. In short, the...more
In suing the California Insurance Commissioner on July 10, 2014, PacifiCare Life Insurance Company sought a writ of mandamus ordering the Commissioner to set aside his Decision and Order imposing a record $173 million penalty...more
In 2013, the Florida Legislature adopted the Revised Florida Limited Liability Act. The Revised LLC Act restates the Florida laws governing LLCs in an entirely new Chapter 605, which succeeds the prior LLC Act found in...more
Residents and drivers in the greater Los Angeles area are no strangers to police chases. We seem to see one on the news on weekly basis! Have you ever wondered what happens in the cases when the driver trying to get away hits...more
The Georgia Composite Medical Board enacted a new regulation governing the standards for telemedicine practice. The regulation, titled Practice Through Electronic or Other Such Means, is found under Georgia Comp. Rules and...more
In This Report:
- I. July 2014—Tennessee Certificate of Need Meeting
- A. Certificate of Need Review
- B. General Counsel’s Report
- II. Certificate of Need Program Report—Filings Since June...more
The New South Wales Court of Appeal recently handed down judgment in the matter of Rail Corporation New South Wales v King. The facts of the matter are that at 3:00 am on the morning of Saturday, 2 September 2006, Shane King...more
Experts predict that the global telemedicine devices market will exceed $1B this year and that it will grow at a five-year compounded annual rate of 56 percent. Several trends are driving the growth of this alternative care...more
The American Telemedicine Association released draft Clinical Guidelines for Telepathology and is seeking public comments through June 20, 2014.
Practice guidelines can serve as a useful reference point for the...more
On May 7, 2014, CMS issued CMS-3267-F, which finalizes reforms to various regulatory provisions that CMS identified as unnecessary, obsolete, or excessively burdensome. CMS estimates that these changes will save affected...more
According to the Centers for Disease Control and Prevention, the number of suicide deaths in 2010 was 38,364, making it the tenth leading cause of death in America. For younger demographics, the numbers are even more...more
The American Telemedicine Association released draft Guidelines for TeleICU Operations on March 28, 2014 and is seeking public comments through April 26, 2014.
Practice guidelines can serve as a useful reference point...more
On October 25, 2013, China’s President and Chairman of the Communist Party of China Xi Jinping signed off on the long-expected revised Law on the Protection of Consumer Rights and Interests (the “New Consumer Law”), which is...more
A lawyer must have a good faith belief, after reasonable inquiry, that a lawsuit he files is grounded in fact and warranted by existing law. Ariz. R. Civ. P. 11. In other words, lawyers violate Arizona’s rules of civil...more
Insurance coverage lawyers are sometimes called upon to serve as expert witnesses on the standards of practice applicable to coverage attorneys engaged by insurers to provide coverage advice. ...more
Since 2007, it has been possible in BVI to establish a Private Trust Company (“PTC”) which may act as trustee of trusts without the need to obtain a BVI trust licence as long as certain conditions are...more
- A failure to meet medical standards, by itself, would not sustain a health care fraud conviction.
- The government, however, typically offers additional evidence sufficient to establish knowledge...more
The Seventh Circuit recently issued two opinions with interesting evidentiary issues. We wrote about the multiple levels of hearsay in Jordan v. Binns, No. 11-2134 (7th Cir. Apr. 4, 2013), last week. And, this week, the...more
Eventually, most construction lawsuits of any size involve hiring experts to review the project. These experts then usually issue an opinion as to whether or not you, as the design professional, violated the professional...more
"Standard of care" is a critical legal yardstick used in medical malpractice litigation to determine responsibility – or lack of responsibility – on the part of a medical practitioner for negative medical outcomes. The...more
Engineers who design in earthquake-prone areas know that they need to design the seismic loads of their bridges to account for potential massive shifts during a quake. (This is what is legally known as the professional...more
Originally published in International Law Office on November 27 2012.
A New York state trial court recently added another voice to the chorus of cases finding that federal law pre-empts state law standards of care in the...more
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