News & Analysis as of

Medical Malpractice Fraud

McDermott Will & Emery

Rules of Evidence Require Weighing Relevance of Evidence Against Potential Prejudice

The US Court of Appeals for the First Circuit affirmed the exclusion of a drug patent in a medical malpractice case, finding that the highly technical language of the patent would more likely confuse a lay jury than be...more

Harris Beach PLLC

New York Supreme Court Allows Plaintiff to Plead Statutory Fraud Claim with Medical Malpractice Negligence Cause of Action

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A New York Supreme Court allowed a Plaintiff to assert a statutory fraud claim in the context of deceptive business practices under New York General Business Law (“GBL”) § 349 against Plaintiff’s neurologist in conjunction...more

Downey Brand LLP

Sacramento Court: Only a Health Care Agent Can Contract for Placement in an RCFE

Downey Brand LLP on

Incapacity planning is a major component of an estate plan. Quite often people name one person to serve as a health care agent and another person to serve as a financial agent. What role does one agent have as opposed to the...more

Patrick Malone & Associates P.C. | DC Injury...

South Dakota high court won’t force hospitals to disclose why they let a bad doctor operate on patients’ spines

South Dakotans will need their state lawmakers’ help now to pry open physicians’ iron grip on secret decisions about which doctors get to practice in hospitals and why. That’s because the state’s Supreme Court ruled this...more

Patrick Malone & Associates P.C. | DC Injury...

S. Dakota high court asked to pry open hospitals’ secret approval of brutal MD

South Dakota’s highest court has been asked to reject hospitals’ attempts to keep secret why a doctor, who also is a convicted burglar with a checkered medical past that could have easily been uncovered, passed a peer review...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19203 - Tilcon Connecticut, Inc. v. Commissioner of Environmental Protection - Applicant sought a water diversion permit for some of its quarries for water used in its rock...more

BakerHostetler

The Deeper Dive in Texas: Recent Appellate Court Decisions Affecting Providers

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For this edition of the Deeper Dive, we travel to Texas for a look at some interesting cases involving healthcare providers decided on appeal in 2015. Some of these decisions may be surprising – and perhaps even troubling –...more

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