News & Analysis as of

Surgery

Factual and Legal Issues of Malpractice in Ambulatory Surgical Centers

by Wilson Elser on

We all are familiar with complex medical malpractice lawsuits against hospitals that include claims against the numerous professionals and staff members involved in the treatment of admitted patients. The list of parties and...more

Better Healthcare Newsletter from Patrick Malone - July 2017

What you need to know before having a knee or hip replaced - One of the largest demographic groups in U.S. history is graying fast and demanding treatments to keep active and mobile. That has made knee and hip replacements...more

Insurance Confusion — Breast Cancer

We have all seen the catchy T-shirts for the Susan B. Komen walks “Protect the Tatas.” Few adult diseases have received as much fund-raising attention as Breast Cancer, and for good reason....more

Senate Finance Committee Releases Report on Concurrent and Overlapping Surgeries

by King & Spalding on

On December 6, 2016, Senate Finance Committee Chairman Orrin Hatch (R-Utah) and Ranking Member Ron Wyden (D-Ore.) issued a Committee staff report detailing concurrent and overlapping surgery practices. The report also offers...more

Packing Your Patent Application for Europe: Avoiding Problems Under European Patent Law

by Hodgson Russ LLP on

Planning an extended European vacation for your patent application? A lengthy stay in Munich with possible outings to The Hague, Berlin, Vienna, or Brussels? While your patent application won’t be strolling through the...more

Do surgeons’ (mis)perceptions of risk play too big a role for patients’ good?

A globally renowned seismologist, weary of recent scaremongering reports that a major fault in California was “locked, loaded, and ready to roll,” offered a pointed scientific evaluation of risk: “You’re about as likely to be...more

Is This the Beginning of an End to a Long Controversial Debate on Concurrent Surgeries?

by Baker Ober Health Law on

Concurrent Surgeries and National Spotlight According to recent guidelines published by the American College of Surgeons (ACS) as Statements on Principles, concurrent (or simultaneous) surgeries occur when “the critical...more

N.Y. High Court Denies Facility Fees for Office Surgery

by Faegre Baker Daniels on

New York State surgeons who operate in their offices took a hit on March 31, when that state’s highest court upheld a ruling that no-fault insurance companies are not required to pay a facility fee—only the professional fee....more

Concurrent Surgeries Under Review by the Senate Finance Committee

by King & Spalding on

Senator Orrin G. Hatch, chairman of the Senate Finance Committee, recently sent inquiries to 20 hospital systems throughout the country, asking for detailed information and records regarding concurrent surgeries. Concurrent...more

Sales Reps Denied Summary Judgment in Artificial Hip Case Despite Absence of Legal Duty to the Plaintiff

by Reed Smith on

Once upon a time there was a federal judge . . . . When we were little, we liked it when our mom spun free-form fairy tales for us. We would contribute the object of the “was” (“Once upon a time there was a . . . bullfrog”),...more

7 Signs You Might Be a Victim of Medical Malpractice

by Howard Ankin on

Doctors and other healthcare professionals are often your most trusted confidants and supporters. Their goal should always be to promote your health and well-being, and to provide well-researched and experienced diagnosis,...more

No Duty for Device Manufacturer to Provide Separate Warnings to Hospital, According to Washington Court of Appeals

by Reed Smith on

We admit it. We (and “we,” in this instance, should be read in the singular) are fans of certain social media, particularly the one that involves “posting” on a “wall” then sitting back and basking in the “likes.” We tend...more

When plastic surgery goes wrong?

by Howard Ankin on

In 2012, over 14.6 million plastic surgery procedures were performed in the U.S., according to the American Society of Plastic Surgeons. Many people here in Illinois undergo these procedures to improve their appearance or...more

Wrong-site surgeries underreported

by Howard Ankin on

When Illinois residents seek surgical treatment they often trust that their physicians will do their best to ensure that they come out of surgery in better condition than they when they arrived. Unfortunately, a Chicago...more

OIG Wants CMS to Take a Scalpel to Surgery Costs

by Faegre Baker Daniels on

The Office of Inspector General (OIG) of Health & Human Services is recommending that CMS make a major reduction to the amount it pays hospitals for certain kinds of surgery. ...more

Pennsylvania Federal Court Reiterates EMTALA’s Inapplicability to Transfers of “Admitted Patients”

by Cozen O'Connor on

On February 23, 2015, the District Court in Baney v. Fick held that a patient’s complications arising from elective surgery do not fall under the purview of the Emergency Medical Treatment and Labor Act, 42 U.S.C. § 1395dd,...more

Global Surgery and 2015 Medicare Physician Fee Schedule

by Tucker Arensberg, P.C. on

On July 21, 2014, I posted the proposed Medicare Physician Fee Schedule, and described the intent by CMS to eliminate global surgery. On November 13, 2014, CMS issued the final 2015 Medicare Physician Fee Schedule, and...more

CMS Designates Global Surgery as “Potentially Misvalued Services”

by Tucker Arensberg, P.C. on

In the recently proposed 2015 Physician Fee Schedule, CMS devoted significant resources to discussing potentially misvalued services, which I believe is code for places where CMS would like to reduce reimbursement. One of the...more

Medicare Appeals Panel Invalidates National Coverage Determination Prohibiting Coverage for Gender Reassignment Surgery

by Perkins Coie on

On May 30, 2014, the Departmental Appeals Board (DAB) issued a decision invalidating the long-standing National Coverage Determination (NCD) prohibiting Medicare payment for transsexual surgery (now known as gender...more

Health Alert (Australia) - 14 October 2013

by DLA Piper on

In This Issue: - Judgments - Legislation - Reports - Excerpt from Judgments: JUDGMENTS - Commonwealth - 8 October 2013 - Faye Mason v Military Rehabilitation and Compensation Commission...more

Getting the Best Medical Care: a Newsletter from Patrick Malone - September 2013

In This Issue: - Introduction - The Facts About Drug Therapy - Spinal Injections Don't Measure Up - Surgery as a Last Resort - Watchful Waiting Can Be Your Friend - Introduction: Back pain is...more

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