Article Search Results (162)
Articles on medical malpractice
Articles on medical malpractice
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 | Prosecuting Substandard Care with the False Claims Act Mark S. Armstrong; Epstein Becker & Green, P.C.; October 26, 2009, previously published on October 14, 2009 The federal False Claims Act ("FCA"), originally known as "Lincoln's Law," has its roots in the Civil War era. Its original purpose was to fight fraud in the defense industry, but it has become the weapon of choice for the government and qui tam "relators." They are... |
| Legal Forecast: "Zone of Danger" For NEID Claims May Get Second Look Paul N. Farquharson, Lydia Hu; Semmes, Bowen & Semmes, [incorporation phrase format]A Professional Corporation; October 14, 2009, previously published on October 2009 The Court of Appeals for the District of Columbia held that a patient cannot recover for the negligent misdiagnosis of the Human Immunodeficiency Virus ("HIV"), when the patient was not placed in a "zone of physical danger" as a result. The Court of Appeals affirmed the Superior... |
| Navigating Two Standards of Disruptive Behavior, Then Effectively Addressing It T. Jeffrey Fitzgerald, Ann C. McCullough, Linda Michael; Faegre & Benson LLP; September 28, 2009, previously published on September 22, 2009 In unveiling its new standards to address disruptive and inappropriate behavior within health care organizations, the Joint Commission was clear regarding the negative impact such conduct can have on a culture of safety. |
| The Joint Commission Issues Sentinel Event Alert Addressing Culture of Safety Emily E. Williams; Baker & Hostetler LLP; September 17, 2009, previously published on September 3, 2009 According to The Joint Commission (TJC), 50 percent of all sentinel events reported during 2006 were, at least in part, a result of "inadequate or ineffective leadership." In response, TJC issued a Sentinel Event Alert on August 27, 2009, recommending healthcare organization leadership... |
| New Jersey Governor Signs Landmark Hospital Law Katherine Benesch; Duane Morris LLP; September 16, 2009, previously published on September 14, 2009 On August 31, 2009, New Jersey Gov. Jon Corzine signed into law an act requiring hospitals to publicly report 14 serious medical errors. One of the first laws of its kind in the United States, this legislation also bars hospitals in New Jersey from seeking reimbursement for costs associated with... |
| Strict Adherence to Scheduling Orders Is a Must in Maryland Courts Kevin Cox, Paul N. Farquharson; Semmes, Bowen & Semmes, [incorporation phrase format]A Professional Corporation; September 4, 2009, previously published on August 2009 In this medical malpractice case, the Court of Special Appeals of Maryland held that the trial court did not abuse its discretion in denying the Plaintiffs the opportunity to designate another expert two months after the scheduled time to do so, but seven months prior to trial. |
| United States v. Norian Corp. No. 09-cr-403 (E.D. Pa. July 20, 2009) Karen A. Gibbs, Rogelyn McLean; Crowell & Moring LLP; September 4, 2009, previously published on August 28, 2009 On July 20, 2009, two Synthes, Inc. ("Synthes") executives plead guilty to charges stemming from their involvement in unauthorized clinical trials of bone cements for off-label use. The Synthes executives were charged with shipping adulterated and misbranded medical devices in interstate... |
| The Joint Commission and AMA Tackle Disruptive Behavior by Physicians Emily E. Williams; Baker & Hostetler LLP; August 29, 2009, previously published on August 20, 2009 In the past year, both The Joint Commission (TJC) and the American Medical Association (AMA) have addressed the issue of "disruptive behavior" by physicians, though they do not necessarily agree on what that term means or what should be done in response to such behavior. |
| Illinois Hospitals Must Satisfy New Requirements on Peer Review and Summary Suspension of Clinical Privileges Michael P. Davidson; Hinshaw & Culbertson LLP; August 28, 2009, previously published on August 25, 2009 As of August 14, 2009, an Illinois hospital that seeks to summarily suspend a physician's clinical privileges because the physician's continued practice would constitute an immediate danger to the public, must meet new requirements regarding documentation of the reasons for and prompt review of the... |
 | West Virginia High Court Holds That Policyholder Providing Its Own Defense under Contract for Third-Party Liability Insurance Must Allocate Damages for Covered and Non-Covered Claims Hunton & Williams LLP; August 25, 2009, previously published on August 2009 The West Virginia Supreme Court of Appeals has ruled that a policyholder providing its own defense pursuant to the terms of a contract for third-party liability insurance must allocate between damages for covered and non-covered claims because, in such cases, the insurer is not in the best position... |
