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Foley & Lardner LLP

The Northern District of Illinois Endorses “But For” Causation Standard for AKS-Premised False Claims Act Cases

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A circuit split over the causation standard under the federal Anti-Kickback Statute (AKS) could grow wider after a recent Northern District of Illinois (NDIL) decision. In United States ex rel. Jeffrey Wilkerson & Larry...more

Holland & Hart LLP

Idaho's Abortion Statute: EMTALA Exception Narrowed

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Last week, the US District Court for the District of Idaho entered another preliminary injunction prohibiting enforcement of Idaho’s Total Abortion Ban (IC § 18-622) if the abortion is necessary to stabilize a pregnant woman...more

Greenbaum, Rowe, Smith & Davis LLP

A New Standard of Care for Medical Liability?

A recent article in the Journal of the American Medical Association (JAMA) triggers a question as to whether the standard of care to evaluate claims for medical malpractice should be changed. For decades, the New Jersey Model...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Supreme Court Opinion Refines Affidavit of Merit Requirements for Malpractice Case Against Physician Certified in...

In another in the seemingly endless series of decisions parsing the interpretation of the statutory requirements for an affidavit of merit in medical liability claims, on January 22, 2025 the New Jersey Supreme Court issued...more

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 53 - Diagnosis: Innocent – A Doctor’s Journey to Acquittal

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For six and a half years, Dr. Muhamad Aly Rifai, a physician from Easton, PA, lived in fear and anxiety that life as he knew it was over. A leader in telehealth psychiatric services since the early 2000s, Dr. Rifai was...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Second Circuit Expands Anti-Kickback Statute Liability: “At Least One Purpose” is Enough

In a significant ruling, the Second Circuit Court of Appeals recently expanded the scope of the Anti-Kickback Statute (AKS).The Court joined other circuit courts across the country in adopting, for the first time, the...more

Maison Law

Independent Medical Exams in California Personal Injury Claims

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In California personal injury cases, many plaintiffs must undergo independent medical examinations (IMEs) to determine the extent of harm done. The results of these evaluations can significantly impact the outcome of their...more

U.S. Legal Support

Medical Records in Court Proceedings: Key Details

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Cases that touch on medical conditions and injuries require proving causality and calculating degrees of responsibility and compensation, often amidst a convoluted mix of events, timelines, treatments, comorbidities, and...more

Oberheiden P.C.

4 Things to Know About Ketamine Investigations

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Federal law enforcement agencies, including the U.S. Drug Enforcement Administration (DEA), have amped up their investigations into the drug ketamine in recent years, likely in reaction to some high-profile overdose deaths....more

American Conference Institute (ACI)

[Event] 15th Annual Advanced Forum on Managed Care Disputes and Litigation - May 2nd - 3rd, Chicago, IL

ACI’s Advanced Forum on Managed Care Disputes and Litigation offers an unparalleled learning experience, specifically designed for the MCO legal community. Attend and develop winning legal strategies and business best...more

American Conference Institute (ACI)

[Event] 21st Annual Advanced Forum on Obstetric Malpractice Claims - October 12th - 13th, Philadelphia, PA

Obstetrics malpractice claims continue to be the most expensive within the medical malpractice arena. The unparalleled faculty of claim specialists, risk managers, medical experts – as well as a wide array of plaintiff and...more

American Conference Institute (ACI)

[Event] 21st Annual Advanced Forum on Obstetric Malpractice Claims - June 27th - 28th, Philadelphia, PA

Hosted by the American Conference Institute, the 21st Annual Advanced Forum on Obstetric Malpractice Claims returns in June with curated content that will ensure that you stay current on the evolving standards of care,...more

Husch Blackwell LLP

Hospice Audit Series | Welcome to the Party: Contractor Participation at ALJ Hearings

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Recently, there has been an uptick in contractor participation at the ALJ stage of hospice audit appeals. This development poses unique challenges and new advocacy opportunities for providers. In this episode, Husch...more

Searcy Denney Scarola Barnhart & Shipley

What is the Status of Discovery of an Expert Witness Relationship?

In Wirley v. Central Florida Young Men’s Christian Association, 228 So.3rd 18 (Florida, 2017), the Supreme Court ruled disclosure of a financial relationship between a party, a plaintiff’s attorney and an expert, is no longer...more

Husch Blackwell LLP

Hospice Audit Series: Insights for Winning at Administrative Law Judge (ALJ) Hearings, Part II

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In Part II of our two-part series on ALJ hearings, Husch Blackwell’s Meg Pekarske unpacks strategies for winning with colleagues Bryan Nowicki, Emily Solum and Erin Burns. They explore what it means to be well-prepared and...more

Husch Blackwell LLP

Hospice Audit Series: Insights for Winning at Administrative Law Judge (ALJ) Hearings, Part I

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In this two-part series, Husch Blackwell’s Meg Pekarske unpacks strategies for winning at ALJ hearings with colleagues Bryan Nowicki, Emily Solum and Erin Burns. They explore what it means to be well-prepared and who should...more

Husch Blackwell LLP

Hospice Audit Series: How are Hospices Faring at ALJ Hearings?

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After waiting years, hospices are getting their “day in court.” How are hospices faring? In this episode, Husch Blackwell’s Meg Pekarske is joined by colleagues Bryan Nowicki and Emily Park, who share insights on what it...more

McDermott Will & Emery

[Webinar] Regulatory Disputes with HHS: When to Negotiate and When to Litigate - March 25th, 12:00 pm - 1:00 pm EST

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For healthcare and life sciences companies, regulatory disputes with the U.S. Department of Health and Human Services (HHS) and its operating divisions can present significant economic costs and reputational risks. Efficient...more

Hinshaw & Culbertson - Health Care

Expert Demonstrations Must Meet Substantially Similar Standard: Hinshaw's Annual Guide to Key Illinois Medical Malpractice...

Must an expert's demonstration be made under substantially similar conditions and circumstances as those which surrounded the occurrence? Can an expert opine regarding the permanency of injuries without recent medical data? ...more

American Conference Institute (ACI)

[Virtual Event] 25th Annual Conference on Drug & Medical Device Litigation - December 8th - 9th, 8:45 am - 5:45 pm EST

Join us as we celebrate the 25th Anniversary of ACI’s Annual Flagship Conference on Drug & Medical Device Litigation! ACI’s Drug and Medical Device Litigation has united the greatest minds of the pharmaceutical and medical...more

American Conference Institute (ACI)

[Webinar] Navigating New Risks and Litigation Challenges Facing Payors in the COVID-19 Context and Beyond - May 13th, 12:00 pm -...

What will the post-pandemic world look like? What risks and challenges will it raise and how to navigate the new litigation landscape? These are the most relevant questions amid the pandemic. To respond to them and provide...more

Holland & Hart - Your Trial Message

Expect Some Favoritism for Those on the Front Lines

As the national and international coronavirus crisis is still moving toward its peak, one of the few bright spots has been hearing about the daily acts of support for the many medical professionals who are on the front lines...more

American Conference Institute (ACI)

[Virtual Event] 11th Annual Advanced Forum on Managed Care Disputes and Litigation - July 22nd-23rd

ACI’s 11th Annual Advanced Forum on Managed Care Disputes and Litigation will be offered in a virtual format this year to help you make sense of these developments, and their profound impact for managed care....more

Esquire Deposition Solutions, LLC

Successful Techniques for Deposing a Physician Defendant

The most critical aspect in the defense of a medical malpractice lawsuit is the deposition of the physician defendant. Since the majority of medical malpractice actions are concluded prior to trial, the deposition is often...more

Butler Snow LLP

A New Look At The Doctor Deposition

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In the context of the practice of medicine, we are all very familiar with the Latin phrase primum est non nocere. It means “first, do no harm” and is the ethical guiding principle in the medical profession. Inherent in this...more

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