Features
Nathan C. Volpi
In light of corporate negligence's history with state courts, the question becomes: What types of duties have been found to flow directly from nursing homes, long-term and advanced-care facilities to a potential plaintiff, bypassing employees and agents entirely?
Features
Lawrence Goldhirsch
&
Michael Pederson
A medical device case poses numerous pleading problems. However, before one even reaches the pleading stage, there are major hurdles to consider. The major issue facing the plaintiff's lawyer during client intake is to decide which cases to file immediately and which cases can wait. This depends, of course, on the statute of limitations the lawyer determines will be applicable ' and that is no small task.
Features
Robert D. Chesler
&
Anna M. Piazza
On Sept. 9, 2015, Excellus BlueCross BlueShield announced a data breach that compromised about 10.5 million people's personal information, including Social Security numbers and medical and financial information. Excellus discovered the data breach during an investigation of its computer system. The breach had occurred on Dec. 23, 2013. A class action has already been filed, and Excellus is cooperating with the FBI.
Columns & Departments
Hospital Remains in Suit After Court Finds Ostensible Agency <br>NY Appeals Court Finds Physicians May Opine As to Proximate Cause in Cases Involving Claims Outside Own Specialty
Columns & Departments
GAO Finds FDA's Safety Tracking System Lacking
Columns & Departments
A look at a case in which an ex-prisoner's estate gets $1.75 million .
Columns & Departments
Discussion of a wrongful death case in which a lawyer was sanctioned for a sexist comment.
Features
Nathan C. Volpi
If you are advising a health care provider entity, such as a nursing home, what can you tell them regarding their liability? Is the institution itself at risk because of the personal failings of certain employees? What if it is staffed by independent contractors? Can a uniform plan or employee manual be developed, and will that help?
Michael D'Amico
&
Brendan Faulkner
Creating the illusion of an independent "second opinion," insurance companies involved in personal injury lawsuits frequently contract with vendors to provide "records reviews," "peer reviews" or "paper reviews." In the authors' view, these opinions are far from objective.
Features
Kevin M. Quinley
Consent-to-settle provisions in medical malpractice insurance policies present challenging issues to insurers, defense attorneys and policyholders in the context of defending professional liability claims. Most liability insurance policies cede the ultimate discretion over settlement decisions to the insurer. Medical malpractice policies are outliers from the norm in the insurance industry.
