Med Mal News
Recent news of importance to you and your practice.
Notice/Prejudice and the Role of State Law
In last month's newsletter, we began discussion of claims-made-and-reported medical malpractice insurance policies and of how most states are strict in requiring insureds to notify their insurers of claims within their policies' designated reporting periods. However, a recent Maryland case shows that state law sometimes may trump a policy's reporting requirements.
Traps for the Unwary
Medical malpractice liability insurers and self-insured entities that ignore the new Medicare reporting requirements do so at their peril. Here's why.
Discovery Is Changing
Two new developments promise to affect medical-malpractice litigation profoundly.
Drug & Device News
A look at recent litigation and other news that affects your practice.
MD High Court: Prejudice Stemming from Late Notice Must Be Shown
If an insured drops his claims-made insurance and is sued three years later, his insurer will disclaim liability even if the injury occurred during the term of the policy. A look at a recent case.
Feds to Expand Use of Debarment in Health Care Sector
CEOs of health care companies, be forewarned: The government is planning to expand its use of debarring "untrustworthy individuals" as a way to hold individuals accountable for a company's fraud.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Circuit Courts Split On Review of Bankruptcy Court's Denial of Motion to DismissAppellate courts are split on whether to review a bankruptcy court's denial of a motion to dismiss an entire case. Two district judges within the past few months, hearing appeals from the bankruptcy court, have reached contrary results that underline the split among the nation's courts of appeals.Read More ›
- The DOJ's Latest Opioid Crime-Fighting Tool: The Civil False Claims Act<b><i>The U.S. Department of Justice Is Now Using The False Claims Act — Traditionally a Civil Enforcement Tool — to Combat the United States' Sweeping Opioid Epidemic</b></i><p>The use of the FCA is part of a larger DOJ strategy to develop multi-faceted solutions for this public health emergency.Read More ›
