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Documents on professional liability

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Adobe PDFAntitrust Issues Facing Physicians in Medicaid and Professional Licensing
John T. Mooresmith; Burr & Forman LLP;
Legal Alert/Article
August 18, 2015, previously published on August 2015
Physicians 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...


HTMLSettling 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.;
Legal Alert/Article
August 14, 2015, previously published on September 1, 2015
It 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...


HTMLLouise Arbour Named One Of Canada’s Top 25 Most Influential Lawyer
Alida Alepian, Eusis Dougan-McKenzie, Talha Wasti; Borden Ladner Gervais LLP;
Legal Alert/Article
August 12, 2015, previously published on August 4, 2015
Canadian 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...


HTMLCMS Issues Proposed Stark Law Changes in the Proposed 2016 Medicare Physician Fee Schedule
Clay J. Countryman; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
August 7, 2015, previously published on August 2015
On 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...


HTMLIllinois Supreme Court Rules Against ER Physicians in Interpretation of Good Samaritan Act
J. Matthew Thompson; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
July 30, 2015, previously published on Second Quarter 2015
In 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...


HTMLInheriting and bequeathing: Organise estate clearly and in good time
Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
July 30, 2015, previously published on July, 28,2105
There’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.


HTMLCourt Upholds IDFPR Sanctions Against Doctor Despite Recommendations of Medical Disciplinary Board
Roger Clayton; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
July 29, 2015, previously published on Spring 2015
The 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...


HTMLAppellate Court Reminds Physicians to Supplement Deposition Testimony with Any New Opinions
Mark Hansen, Melissa Schoenbein; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
July 29, 2015, previously published on Second Quarter 2015
This 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...


HTMLInvestor 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.;
Legal Alert/Article
July 13, 2015, previously published on July 6, 2015
The 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...


HTMLWho Owes What to Whom? Liability and Alternative Project Delivery
Laura J. Stipanowich; Smith, Currie & Hancock LLP;
Legal Alert/Article
July 9, 2015, previously published on June 12, 2015
Alternative 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”...


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