News & Analysis as of September 21, 2024

Statute of Limitations › Health Care Providers

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

Year In Review: 2023 BIPA Litigation Takeaways

WilmerHale on 2/1/2024

This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more

A Chance for Substantial Verdicts: Recent Georgia Medical Malpractice Cases

Miles Mediation & Arbitration on 9/7/2023

The COVID-19 pandemic has affected every aspect of our lives, and the legal system is no exception. Court hearings went from being in-person to virtual, and court dockets swelled as cases were postponed. In 2023, the legal...more

5th Circuit Trims FCA Award as DOJ’s Delayed Intervention Runs into Statute of Limitations; Knocks Seal Provision Misuse

Dinsmore & Shohl LLP on 9/5/2023

An eight-year delay in the DOJ’s intervention decision in a False Claims Act case led to the loss of more than half of the damages awarded at trial. A divided Fifth Circuit panel determined that the government’s claims did...more

Florida’s Tort Reform Will Have an Impact on Employment Litigation – 5 Takeaways for Employers

Fisher Phillips on 4/11/2023

Florida Governor Ron DeSantis and state lawmakers recently enacted significant tort reforms designed to restrict plaintiffs pursuing negligence claims – but which could give an unexpected boost to those pursuing costly...more

Along for the Ride: Non-Patients May be Subject to MICRA's Limitations

Haight Brown & Bonesteel LLP on 3/30/2023

In Lopez v. American Medical Response West (2023) Cal.Rptr.3d (2023 WL 2518511), the California Court of Appeal, First Appellate District, affirmed a lower holding that the one-year statute of limitations under professional...more

MICRA Reform: What It Means for California Healthcare Providers

Woodruff Sawyer on 2/17/2023

MICRA, or the Medical Injury Compensation Reform Act of 1975, is a California statute that limits the non-economic damages portion of medical malpractice claims with the intent of reducing tort liability for healthcare...more

Medical Malpractice in Maryland

Morris James LLP on 7/26/2022

What is considered medical malpractice? Under Maryland law, a medical professional commits medical malpractice by providing medical care that is inconsistent with the accepted standards of practice for similar health care...more

Malpractice Statute of Limitations Doesn’t Apply to Indemnity Claim by Hospital

Rivkin Radler LLP on 3/28/2022

This is outside our usual catchment area, but interesting nonetheless. The Indiana Supreme Court ruled on March 8 that the state’s Medical Malpractice Act (MMA) does not apply to claims for indemnification filed by one...more

Sixth Circuit Holds That Federal Four-Year Statute of Limitations Applies to Disability Discrimination Claims under Section 1557...

Arnall Golden Gregory LLP on 2/2/2022

In the face of tragic allegations, the Sixth Circuit has held that a patient’s disability discrimination claim against a hospital is not timed barred by the Rehabilitation Act, which borrows a state’s applicable statute of...more

Treating Physician’s Informed Consent Process and Decision-Making in Device Selection Lead to Partial Summary Judgment for Device...

Faegre Drinker Biddle & Reath LLP on 10/22/2021

A series of recent rulings out of the Southern District of Texas in an inferior vena cava (IVC) filter case reflect how well-planned discovery can lead to a successful multipronged summary judgment motion and can effectively...more

Florida's Broad New COVID-19 Liability Protections

Baker Donelson on 4/2/2021

On March 29, 2021, when Governor Ron DeSantis signed Senate Bill 72 into law, Florida became the largest of a growing number of states to implement broad COVID-19 liability protections applicable to businesses, health care...more

Florida’s New Law Shields Various Businesses, Institutions, and Healthcare Providers Against COVID-19 Liability

Fisher Phillips on 3/31/2021

With the click of a pen, Florida Governor Ron DeSantis signed a new law — the most aggressive of its kind compared to others passed across the country — that protects businesses, educational and religious institutions,...more

Ohio Supreme Court closes loophole in the statute of repose for medical claims

Bricker Graydon LLP on 1/8/2021

The Ohio Supreme Court recently held that Plaintiffs cannot rely on Ohio’s saving statute to re-file medical malpractice cases more than four years after the medical care that gave rise to those claims occurred. The statute...more

The Statute Of Limitations For Filing A Wrongful Death Lawsuit In Delaware

Morris James LLP on 9/23/2020

Losing a loved one without warning can be heartbreaking. Losing someone in a tragic incident caused by another person or entity's negligence can be even more painful. Unfortunately, this happens all too often—both in Delaware...more

Potential Provider Protections: How the Proposed SAFE TO WORK Act Impacts Liability Claims Against Health Care Providers

Baker Donelson on 8/5/2020

On July 27, 2020, Senate Republicans unveiled the "Safeguarding America's Frontline Employees To Offer Work Opportunities Required to Kickstart the Economy Act," or the "SAFE TO WORK Act" (the Act).1 The proposed legislation...more

Mississippi Legislates Herd Immunity from COVID-19 Exposure Claims

Bradley Arant Boult Cummings LLP on 7/17/2020

The Mississippi Back-to-Business Liability Assurance and Health Care Emergency Response Liability Protection Act was signed into law on July 8, 2020. The Act provides sweeping immunity for businesses, health care providers,...more

New York Cuts Statute of Limitations for Bringing an Action to Recover Medical Debts From Six to Three Years

Hinshaw & Culbertson - Consumer Crossroads on 4/18/2020

On April 3, 2020, New York State Governor Andrew Cuomo signed New York's 2021 Executive Budget into law. Many of Governor Cuomo's and lawmakers' legislative agenda priorities were not included in the budget, due to the...more

False Claims Act 2019 Year in Review

The Volkov Law Group on 1/27/2020

Jessica Sanderson, Of Counsel at The Volkov Law Group rejoins us for her annual review of False Claims Act enforcement. 2020 marks the 150th anniversary of the Department of Justice (“DOJ”), and it unwrapped a nice gift:...more

False Claims Act: 2019 Year in Review

Bradley Arant Boult Cummings LLP on 1/20/2020

The year 2019 was another active year in False Claims Act (FCA) investigations and litigation. Although the year lacked a singular blockbuster case, there were decisions of particular note. The Supreme Court clarified the...more

[Webinar] 2019 Q2 Health Care Enforcement Roundup Webinar - August 12th, 1:00pm ET

McDermott Will & Emery on 7/30/2019

Frequent regulatory and policy changes, increasing government scrutiny and private whistleblower activity pose greater risks to health care organizations more than ever before. McDermott’s Q2 Health Care Enforcement Roundup...more

Health Care Enforcement Quarterly Roundup – Q1 April 2019

McDermott Will & Emery on 4/26/2019

Introduction - In this first installment of the Health Care Enforcement Quarterly Roundup for 2019, we continue to monitor trends we identified in 2018 and introduce new enforcement efforts that are expected to persist in...more

H.B. 7 effective March 20

Bricker Graydon LLP on 2/8/2019

New changes are coming to the medical negligence landscape. Specifically, H.B. 7, which was passed in late 2018, will become effective on March 20, 2019...more

Record Retention and Destruction for Wyoming Healthcare Entities

Holland & Hart - Health Law Blog on 2/6/2019

Medical Record Retention Guidelines for Wyoming Clients frequently ask us how long they should retain medical records and related business records. The answer depends on various factors, including the type of record,...more

Record Retention and Destruction for Utah Healthcare Entities

Holland & Hart - Health Law Blog on 2/6/2019

Medical Record Retention Guidelines for Utah Clients frequently ask us how long they should retain medical records and related business records. The answer depends on various factors, including the type of record, applicable...more

Record Retention and Destruction for Idaho Healthcare Entities

Holland & Hart - Health Law Blog on 2/6/2019

Medical Record Retention Guidelines for Idaho Clients frequently ask us how long they should retain medical records and related business records. The answer depends on various factors, including the type of record,...more

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Statute of Limitations › Health Care Providers

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