News & Analysis as of

Medical Malpractice Protected Health Information

Goodwin

Five Emerging Concerns for the Health Care Industry as AI & Telehealth Converge

Goodwin on

The use of telehealth continues to grow rapidly across the U.S. Given legislative proposals and the Centers for Medicare & Medicaid Services efforts to expand access to telehealth, we can only anticipate that remotely...more

Hinshaw & Culbertson - Health Care

Cook County Protective Order Template Violates HIPAA With Regard to PHI Disclosures: Hinshaw's Annual Guide to Key Illinois...

Is an insurer considered a "covered entity" subject to HIPAA regulations regarding protected health information? Rosemarie Haage v. Alfonso Monitel Zavala, et al. (State Farm Mutual Insurance Company,...more

Shook, Hardy & Bacon L.L.P.

Emerging Trends In Surgical Robotics Product Liability Litigation

Over the last decade, robotics have revolutionized healthcare. Surgical robots are rapidly making their way into many of our nation’s operating rooms, and are being used in a wide variety of surgeries ranging from...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Technology and Trends in the Healthcare Industry, Part I: The Risks and Rewards of Remote Medicine

Sick days are built in to nearly every workforce. As employers are aware, depending on an employee’s position and the duration of his or her time off, sick time may slow production or delay deadlines....more

Robinson+Cole Data Privacy + Security Insider

Florida Supreme Court Rejects PSQIA Preemption of Florida Constitution

On January 31, 2017, the Florida Supreme Court held that adverse medical incident reports produced in accordance with Florida law cannot constitute confidential and privileged patient safety work product (PSWP) under the...more

Morris James LLP

Medical Malpractice and Healthcare Quarterly - Summer 2016

Morris James LLP on

AFFIDAVIT OF MERIT NOT REQUIRED AS TO CLAIMS AGAINST DENTISTS - Limiting the scope of the affidavit of merit statute, the Superior Court recently held that an affidavit of merit was not required where a plaintiff filed a...more

Butler Snow LLP

HIPAA Does Not Preempt Statutory Right to Ex Parte Interviews of Treating Physicians in Tennessee Health Care Liability Actions

Butler Snow LLP on

A key tool for the defense of medical providers in Tennessee facing malpractice liability has been held to be not preempted by federal law. On June 3, 2016, the Tennessee Court of Appeals, in Caldwell v. Baptist Memorial...more

Akerman LLP - Health Law Rx

Can We Talk? Florida Court Rejects Latest Challenge to Med Mal Presuit Authorization Law

In the latest challenge to a Florida law designed to promote early settlement of meritorious medical malpractice claims, the Florida First District Court of Appeal recently rejected a plaintiff’s arguments that 2013...more

Akerman LLP - Health Law Rx

Talk Amongst Yourselves: HIPAA Does Not Preempt Florida Med Mal Presuit Authorization Law

The United States Court of Appeals for the Eleventh Circuit recently concluded that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) does not prevent the application of a Florida law requiring...more

Baker Donelson

Nursing Homes Must Abide by HIPAA Rules When Disclosing Deceased Resident PHI

Baker Donelson on

The Health Insurance Portability and Accountability Act (HIPAA) as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH Act) contains the HIPAA Privacy and Security rules....more

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