Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Features

Professional vs. Ordinary Negligence in the Health Care Setting

Michael C. Ksiazek

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

John Ratkowitz & Robert Sanfilippo

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.

Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's going where; who's doing what.

Features

Verdicts

ALM Staff & Law Journal Newsletters

Recent key rulings of significance.

Features

Med Mal News

ALM Staff & Law Journal Newsletters

A look at what's happening in the practice area.

Drug & Device News

ALM Staff & Law Journal Newsletters

Recent news of importance.

Features

Defendants Must Heed New Medicare Reporting Obligations

John L.A. Lyddane & Barbara D. Goldberg

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

Gregory B. Heller

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

Angela Forstie

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.

Features

Verdicts

ALM Staff & Law Journal Newsletters

The latest rulings you need to know.

Need Help?

  1. Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
  2. Need other assistance? email Customer Service or call 1-877-256-2472.

MOST POPULAR STORIES

  • Navigating the Attorney-Client Privilege and Work Product Doctrine in Bankruptcy
    When a company declares bankruptcy, avoidance actions under Chapter 5 of the Bankruptcy Code can assist in securing extra cash for the debtor's dwindling estate. When a debtor-in-possession does not pursue these claims, creditors' committees often seek the bankruptcy court's authorization to pursue them on behalf of the estate. Once granted such authorization through a “standing order,” a creditors' committee is said to “stand in the debtor's shoes” because it has permission to litigate certain claims belonging to the debtor that arose before bankruptcy. However, for parties whose cases advance to discovery, such a standing order may cause issues by leaving undecided the allocation of attorney-client privilege and work product protection between the debtor and committee.
    Read More ›
  • Revised Proposal: Understanding the Interagency Statement on Complex Structured Finance Activities
    Many U.S. financial institutions that have participated in equipment leasing transactions (particularly in the large-ticket and municipal markets) in the last 20 years will be keenly aware that as the structures grew ever more complicated, Congress and the federal regulatory agencies grew intensely interested. Whether the institution had a major role in the transaction or simply provided a service, some degree of scrutiny could be expected, often in conjunction with a tax audit of its client. The risks to financial institutions from participating in complex structured finance transactions of all types became a source for concern for banking and securities regulators. The principal federal regulators responded in 2004 with a proposal that financial institutions investigate, and bear responsibility for evaluating, the legal, tax, and accounting basis of their clients' complex structured finance transactions. The goal: to limit the institutions' own credit, legal, and reputational risk from such participation.
    Read More ›