Avoiding a Breach of Confidentiality
With so much attention on HIPAA, However, less attention has been accorded to individual state-statute based patient confidentiality requirements, many of which existed for a significant period of time before the enactment of HIPAA. Other privacy right claims can be made based on traditional tort concepts, such as breach of contract and negligence.
Features
Med Mal News
The latest news of importance to you and your practice.
Features
Medicaid Liens Revisited
In the last couple of years, there have been important changes in the law on Medicaid liens on medical malpractice recoveries that have substantially altered the landscape with regard to such liens.
Pharmaceutical Products and Suicide Risks
In last month's issue, we noted that the federal government, drug companies and consumer watchdogs are increasing their efforts to find out whether a host of pharmaceutical products, when taken, can tend to render consumers susceptible to suicidal thoughts and/or actions. We continue the discussion in Part Two.
Nursing Home Litigation
When a nursing home resident is injured, tort litigation is traditionally the venue of choice for plaintiffs seeking compensation. However, with the risk of large verdicts appearing to increase in the last quarter-century, physicians and long-term health care facilities have begun to pursue mandatory arbitration as an alternative to traditional litigation.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- 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 ›
- 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 ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
