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Liability Health Care Providers

Marshall Dennehey

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

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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

Marshall Dennehey

Forum Non Conveniens Motion Prevails Despite Recent Venue Rule Change

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On January 1, 2023, the Supreme Court of Pennsylvania unraveled a 20-year venue rule applicable to medical professional liability cases. Under the previous venue rule, a medical professional liability action may be brought...more

Arnall Golden Gregory LLP

Seventh Circuit Affirms Liability in AKS-Based FCA Suit But Vacates Award of Damages

The United States Court of Appeals for the Seventh Circuit recently considered a district court’s nearly $6 million judgment in a qui tam False Claims Act (“FCA”) suit based on Anti-Kickback Statute (“AKS”) violations. The...more

McDermott Will & Emery

How the Utah Artificial Intelligence Policy Act Impacts Health Professionals

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On March 13, 2024, Utah Governor Spencer Cox signed Utah State S.B. 149, the Artificial Intelligence Policy Act (the AI Act) into law, which amends the Utah consumer protection and privacy laws to require disclosure, in...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

Dentons

Ep. 4 - Ozempic, Wegovy, and the New Compliance Risks for Providers

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Diabetes and obesity drugs have skyrocketed in popularity as of late. According to a report released by Trilliant Health in September 2023, healthcare providers in the United States wrote more than 9 million prescriptions for...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

Marshall Dennehey

Expert Witness Prematurely Disqualified Based on Not Maintaining an Active Clinical Practice

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Miles v. Cleveland Clinic Health Sys.-E Region, 8th Dist. Cuyahoga No. 112025, 2023-Ohio-2582 - The plaintiff’s sole medical expert was not, at the time of his deposition, engaged in active clinical practice due to his...more

Marshall Dennehey

Pennsylvania Superior Court Affirms Defendant’s Immunity Under the Mental Health Procedures Act

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Wunderly v. St. Luke’s Hospital et al., 2023 WL 3993737 (Pa. Super. Jun. 14, 2023) - The plaintiff filed wrongful death and survival actions against the defendants, asserting claims of negligence and corporate negligence. The...more

Marshall Dennehey

What a Defendant Should Do When on the Receiving End of Lawsuits From the Same Pro Se Plaintiff

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Kovalev v. Stepansky, DMD, et al., 2023 WL 5624181 (Pa. Super. Ct. Aug. 31, 2023) - The plaintiff filed a pro se complaint in 2017 in the Philadelphia County Court of Common Pleas against, among others, Irina Stepansky, DMD,...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

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

Bass, Berry & Sims PLC

False Claims Act Fundamentals: Reverse False Claims

Previous False Claims Act (FCA) Fundamentals posts have examined how violations of certain federal laws can potentially expose entities to FCA liability when they receive money from the government. This post focuses on how...more

Health Care Compliance Association (HCCA)

[Webinar] Asset Protection in an Era of Enforcement - December 14th, 12:00 pm - 1:30 pm CT

Learning Objectives: - Hear from a former federal prosecutor, risk management expert, and wealth management specialist regarding enforcement and liability trends in the healthcare industry. - Learn how asset forfeiture...more

Faegre Drinker Biddle & Reath LLP

Court Rejects Healthcare Facility’s Use of Emergency Purpose Exception

The Middle District of Florida recently held that a defendant cannot invoke the “emergency purposes” exception to the TCPA if the defendant continues to send messages after the plaintiff has instructed the defendant to stop. ...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

Jones Day

Fourth Circuit Limits Who Can Act "Knowingly" Under False Claims Act

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Health care industry participants frequently operate under nuanced legal frameworks that apply to the receipt of government funds. A breach of these regulations can open the door to draconian liability under the FCA even when...more

Robins Kaplan LLP

Robins Kaplan Justice Report December 2021 | Vol. 15 No. 4

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Genetic testing had its origins in the 1950s when scientists discovered that an additional copy of chromosome 21 causes Trisomy 21, also known as Down syndrome. Methods for staining chromosomes were used to sort and count...more

Foley & Lardner LLP

Health Care Fraud Self Disclosure Protocol: You Discovered Misconduct… Now What?

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When a company decides to self-disclose misconduct (or conduct that may be construed as such) to the government, that decision triggers a stream of additional questions. In the weighty deliberations about whether and what to...more

Manatt, Phelps & Phillips, LLP

Key Takeaways From the Gray v. Dignity Health Decision

On October 13, 2021, the California Court of Appeal, 1st District in San Francisco issued its opinion in Gray v. Dignity Health, 2021 WL 4771982. In a published decision that will likely control the outcome in at least six...more

Littler

Texas Enacts New COVID-19 Liability Protection Law

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On June 14, 2021, Texas Governor Greg Abbott signed the Pandemic Liability Protection Act into law. The law became effective upon his signing. This new law provides COVID-19 liability protections for health care providers,...more

Jackson Walker

Texas House Passes Pandemic Liability Protection Act

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Texas businesses watched the 2021 Texas legislative session closely for the potential pandemic liability relief provided in Senate Bill 6 (SB 6), or the Pandemic Liability Protection Act. With the passage of SB 6, Jackson...more

Locke Lord LLP

Your Top Questions About COVID-19 Liability Shield Laws: Answered

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While the efforts to pass a federal COVID-19 liability shield law have failed, Governor Doug Ducey’s recent signature on Arizona’s enactment marks the 28th state that has passed shield law legislation since the outbreak of...more

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