Features
Professional vs. Ordinary Negligence in the Health Care Setting
The precise line of where ordinary negligence ends and professional negligence begins has remained rather murky. Here's why this makes a difference.
Features
The Role of Informed Consent in Defensive Medicine
Studies that have attempted to quantify the costs of defensive medicine by looking at the impact that tort reform has had on health care savings have obtained inconsistent results.
Features
Med Mal News
A look at what's happening in the practice area.
Features
Defendants Must Heed New Medicare Reporting Obligations
We continue this month with our discussion of the expanded reach of the Medicare reporting requirements under the Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA), which as of January 2011 is applicable to liability insurers and self-insured entities.
ACA and FCA Litigation
The Patient Protection and Affordable Care Act (ACA) changes federal law governing FCA claims in a way that gives individual plaintiffs new power to use information learned in discovery in a civil case as the basis for a <i>qui tam</i> case brought under the FCA.
Features
When Patients Require Transfer
It is not uncommon to see a medical malpractice case arising out of treatment received in an emergency situation. State legislatures are becoming more sensitive to this litigation and the effect that it has on the cost of medical malpractice insurance, as well as access to medical treatment.
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