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Documents on Professional Liability
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|Antitrust Issues Facing Physicians in Medicaid and Professional Licensing|
John T. Mooresmith; Burr & Forman LLP;
August 18, 2015, previously published on August 2015Physicians who were practicing in the 1990s were involved in numerous attempts to organize themselves in order to be able to participate in and even financially survive the onslaught of managed care delivery systems. The new systems were attempting to shift the risk of increasing costs from...
|Settling Party Beware: A Claim for Legal Malpractice Cannot Survive When a Plaintiff Knowingly Settles the Underlying Case|
Nicole M. Ehrhart; Marshall Dennehey Warner Coleman & Goggin, P.C.;
August 14, 2015, previously published on September 1, 2015It is well-established that Pennsylvania’s courts “will not permit a suit to be filed by a dissatisfied plaintiff against his attorney following a settlement to which that plaintiff agreed, unless that plaintiff can show he was fraudulently induced to settle the original action. An...
|Louise Arbour Named One Of Canada’s Top 25 Most Influential Lawyer|
Alida Alepian, Eusis Dougan-McKenzie, Talha Wasti; Borden Ladner Gervais LLP;
August 12, 2015, previously published on August 4, 2015Canadian Lawyer named the Honourable Louise Arbour, counsel with Borden Ladner Gervais LLP (BLG), as one of the Top 25 Most Influential Lawyers of 2015. The list recognizes leaders in the Canadian justice system and legal profession. Madam Arbour was listed as a top vote recipient in the World...
|CMS Issues Proposed Stark Law Changes in the Proposed 2016 Medicare Physician Fee Schedule|
Clay J. Countryman; Breazeale, Sachse & Wilson, L.L.P.;
August 7, 2015, previously published on August 2015On July 8, 2015, the Centers for Medicare & Medicaid Services (CMS) published the proposed calendar year 2016 Medicare Physician Fee Schedule (Proposed Rule), which included several significant proposed changes and clarifications by CMS to the Stark Law regulations. These proposed changes...
|Inheriting and bequeathing: Organise estate clearly and in good time|
Michael Rainer; GRP Rainer LLP;
July 30, 2015, previously published on July, 28,2105There’s no room for friendship when money’s involved. The same can be said with respect to inheritances. Disputing over the estate can divide families. For this reason, the testator ought to arrange his estate clearly.
|Illinois Supreme Court Rules Against ER Physicians in Interpretation of Good Samaritan Act|
J. Matthew Thompson; Heyl, Royster, Voelker & Allen Professional Corporation;
July 30, 2015, previously published on Second Quarter 2015In Home Star Bank and Financial Services v. Emergency Care and Health Organization, Ltd., 2014 IL 115526, the Illinois Supreme Court significantly narrowed the scope of immunity afforded to physicians under the Good Samaritan Act. Additionally, the Court's decision is likely to impact emergency...
|Appellate Court Reminds Physicians to Supplement Deposition Testimony with Any New Opinions|
Mark Hansen, Melissa Schoenbein; Heyl, Royster, Voelker & Allen Professional Corporation;
July 29, 2015, previously published on Second Quarter 2015This trial testimony of the gastroenterologist in a medical malpractice suit against him directly contradicted his deposition testimony in which he stated that to a reasonable degree of medical certainty the patient’s bleeding esophageal varices caused her death. In Fakes v. Eloy, the court...
|Court Upholds IDFPR Sanctions Against Doctor Despite Recommendations of Medical Disciplinary Board|
Roger Clayton; Heyl, Royster, Voelker & Allen Professional Corporation;
July 29, 2015, previously published on Spring 2015The Illinois Department of Financial and Professional Regulation (Department) filed a complaint against an Illinois physician charging him with dishonorable, unethical and unprofessional conduct, as well as inappropriate touching of a patient during medical examinations in violation of the Medical...
|Investor is Not Liable for Past Due Assessments Owed to the HOA by Its Predecessor in Interest|
Andrew J. Marchese; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 13, 2015, previously published on July 6, 2015The Westwood Gardens Homeowner’s Association (HOA) demanded that the investor who purchased two single-family residences at a foreclosure sale pay the HOA for all past due assessments, including those incurred by its predecessor in interest. The investor paid the HOA under protest, reserving...
|Who Owes What to Whom? Liability and Alternative Project Delivery|
Laura J. Stipanowich; Smith, Currie & Hancock LLP;
July 9, 2015, previously published on June 12, 2015Alternative project delivery methods, such as design-build, are increasingly prevalent in the modern construction industry. Occasionally, the design-build team consists of a constructor that, pursuant to a prime contract with the project owner, is the “single point of responsibility”...