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Discovery Health Care Providers

DRI

[Event] Senior Living and Long-Term Care Litigation Seminar - September 18th - 20th, Chicago, IL

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The premier senior living and long-term care litigation seminar returns to Chicago on September 18-20! Join us at the Hyatt Regency, just steps from the Chicago River Walk, for an event tailored specifically for defense...more

Marshall Dennehey

New Jersey Courts Address Plaintiffs’ Demands to Inspect Electronic Medical Records – Appellate Division Sides with Plaintiffs...

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Estate of Lasiw by Lasiw v. Periera, 475 N.J. Super. 378 (2023) - Plaintiffs have increasingly demanded to gain access to the Electronic Medical Records (EMR) of health care providers/facilities, citing Rule 4:18-1, and Rule...more

Faegre Drinker Biddle & Reath LLP

Can a Treating Physician Opine on Causation? Eleventh Circuit Says It’s About Intent, not Content

Federal Rule of Civil Procedure 26(a)(2) outlines two different sets of pretrial disclosure requirements, imposing more onerous requirements on “retained” than “non-retained” experts. Relatedly, when non-retained expert...more

McGuireWoods LLP

Five Things Healthcare Providers Need to Know About Peer Review Privilege

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The peer review privilege, a critically important but often misunderstood legal protection, shields certain records and proceedings from disclosure outside the peer review process. Healthcare providers engaged in medical...more

K&L Gates LLP

Goodridge & Anor v Baker [2023] VSC 331

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This is a Limitations of Actions Act 1958 (Vic) (LAA) ruling that was handed down on 16 June 2023 in the context of a medical negligence claim. Adam and Michelle Goodridge brought an application for an extension of time in...more

Morris James LLP

How Long Does It Take to Resolve a Medical Malpractice Claim?

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Medical malpractice claims are complex legal claims that often involve traumatic personal stories and complicated medical and legal issues. Every claim is different, and one unique fact in a case can have a significant impact...more

Nossaman LLP

California’s New Apology Law and Its Impact on Peer Review Hearings

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Parties in peer review hearings can present a wide range of relevant evidence, regardless of its admissibility in a court of law.  But California has passed a new “apology law” that modifies that standard, erecting a...more

Kennedys

Beyond borders: how to obtain a plaintiff’s medical records located outside the US

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A staple of personal injury litigation in the United States concerns the gathering and exchange of a plaintiff’s medical records through the discovery process. These records are often critical to defendants and must be...more

Reveal

What Is Data Volume And How To Face Discovery Challenges In Healthcare

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Modern society is awash in data, in a wide range of formats and types. While every industry faces challenges in how to efficiently store and process data, the healthcare industry faces particular challenges with the...more

Robinson+Cole Data Privacy + Security Insider

Claims Against Netgain Tech Dismissed Due to Lack of Personal Jurisdiction

Last week, Judge Linda Lopez of the U.S. District Court for the Southern District of California dismissed the class action lawsuit against Netgain Technology due to the lack of personal jurisdiction over the business. The...more

Association of Certified E-Discovery...

[Virtual Event] Electronic Medical Records: Pain Points & Practice - December 3rd, 12:00 pm - 1:00 pm EST

The discovery of Electronic Medical Records, along with their associated audit logs, is one the most common tasks in a wide range of litigation matters, yet this discovery remains problematic and difficult. Numerous statutory...more

Faegre Drinker Biddle & Reath LLP

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

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

Holland & Knight LLP

Healthcare Law Update: October 2021

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Kathryn Isted In Harbor Healthcare System, L.P. v. United States, 5 F.4th 593 (5th Cir. 2021), the court of appeals ruled that the district court abused its discretion in refusing to exercise its equitable jurisdiction over a...more

Proskauer - Health Care Law Brief

False Claims Act Spotlight (2 of 3): Recent Proposed Amendments to the FCA Fall Short of Cohesive and Substantive Change

In July 2021, Senator Chuck Grassley led a bipartisan group of senators in introducing S.B. 2428, the “False Claims Amendments Act of 2021,” which aims to address legal developments in FCA doctrine that, according to the...more

Polsinelli

Different Committee, Different Scope: Delaware Court Holds Credentials Committee Documents May Be Subject to Discovery

Polsinelli on

Deborah Palmer (“Plaintiff”), as the surviving spouse of Vance Palmer (“Mr. Palmer”), brought multiple claims against defendants Christiana Care Health Services, Inc. (“Hospital”) and neurosurgeon Bikash Bose, M.D. (“Dr....more

Polsinelli

Med-Staff Newsletter - July 2021 | VOL 7

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Flattening the Curve: Are Vaccination Mandates a Viable Strategy for Hospitals? Severe acute respiratory syndrome coronavirus 2 (“SARS-CoV-2”) vaccines hold promise to control the pandemic and help restore normal social and...more

Lighthouse

Beyond HIPAA: Protecting Private Data in Healthcare Fraud Matters

Lighthouse on

When it comes to data privacy in healthcare fraud investigations and litigation, there is more than HIPAA to consider.  Fraud investigations and litigation in the healthcare industry are growing. Whether these matters are...more

Oberheiden P.C.

Indicted on Healthcare Fraud Charges? 5 Things to Expect & 3 Potential Outcomes

Oberheiden P.C. on

The U.S. Department of Justice (DOJ) is cracking down on healthcare fraud, and many providers are finding themselves facing serious allegations. This includes criminal allegations in many cases. If these allegations lead to a...more

Seyfarth Shaw LLP

Federal Court’s Discovery Ruling Offers Lessons To Insurers Alleging Health Care Fraud Pursuant To Predetermined Protocol Theory

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Last month, in Government Employees Insurance Co. v. Cereceda, 2021 WL 148738 at *6-7 (S.D. Fla. Jan. 15, 2021) (“Cereceda”), the Southern District of Florida issued a discovery ruling that insurers should consider carefully...more

Troutman Pepper

Pennsylvania Supreme Court to Address Whether Peer Review Privilege Applies to Hospital Credentialing

Troutman Pepper on

Last week, the Pennsylvania Supreme Court announced it would address whether the Pennsylvania Peer Review Protection Act (PRPA or Act) protects documents in hospital credentialing files. This decision could significantly...more

Seyfarth Shaw LLP

Texas Court of Appeals Reaffirms Key Principles Concerning the Medical Peer Review Privilege

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Introduction - A recent decision by a Texas Court of Appeals reaffirms several important principles regarding the medical peer review privilege: (1) communications arguably covered by the peer review privilege need not be...more

Akin Gump Strauss Hauer & Feld LLP

False Claims Act - Year In Review: Five Decisions That Will Affect the Future of FCA Litigation - The Salcido Report: False Claims...

Key Points: - False Claims Act plaintiff cannot use discovery to satisfy Fed. R. Civ. P. 9(b). - Payment of fair market value is a dispositive defense in FCA actions alleging a violation of the Anti-Kickback Statute. ...more

Seyfarth Shaw LLP

Court Declines To Certify Class Of Sexually Assaulted Hospital Patients

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Seyfarth Synopsis: In Ituah, et al. v. Austin State Hospital, a federal magistrate judge in Texas recently recommended the denial of a motion for class certification brought by patients alleging disability discrimination...more

American Conference Institute (ACI)

[Event] False Claims and Qui Tam Enforcement Forum – Strategies to Respond to the Rapidly Changing Landscape of False Claims Act...

With more than 34.8 billion recovered by the government since 2010 under the federal False Claims Act, it has never been more crucial for private practitioners and corporate in-house counsel to keep abreast of the changes and...more

Mintz - Health Care Viewpoints

DOJ Seeks Dismissal of FCA Qui Tam Case to Escape Onerous Discovery Obligations

On August 20, 2019, the United States exercised its authority under the False Claims Act (FCA) to seek dismissal of a relator’s qui tam suit because of the defendant’s burdensome discovery demands, in Polansky v. Executive...more

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