Medical Malpractice Defense


Jury Disregards Panel’s Finding, Awards Family $1.5 Million

May 6, 2014

Medical review panels and juries can differ in their opinions on malpractice.

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Business Associates Gone Bad

May 6, 2014

From large hospitals to the one-physician practice, administrators need to not only examine the liabilities their own staff maybe creating, but their Business Associates too. As more healthcare entities look for ways to cut costs by outsourcing work, beware- because it does not relieve them of potential liabilities.

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Removing The Legal Risk Of Saying “I’m Sorry”

July 2, 2013 MORE-->

Keeping Your Social Media Account Clean

June 6, 2013

Many medical directors are finding themselves conducting a quick search of physicians who they may be interested in hiring, to see if anything worrisome will surface.

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When It Is NOT Smart To Use A Smart Phone

June 4, 2013 MORE-->

Humpty Dumpty Expresses Disappointment in All the King’s Men

June 4, 2013 MORE-->

Protect Yourself on Pinterest

December 21, 2012

Pinterest users can become vulnerable to lawsuits, if they don’t have permission to use the content. Most risks from Pinterest to physicians in medical practices come from two areas: photographs and professional responsibility for advertisements.

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Sex to Die For: The Unsavory Medical Malpractice Claim of the Estate of William Martinez

July 26, 2012

The day before his nuclear stress test Mr. Martinez apparently engaged in some “exertional activity.” In fact, Mr. Martinez engaged in a three-some with a woman who was not his wife and a male friend. Yes; while in midst of having a three way sexual experience Mr. Martinez died.

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New rules to cut regulations for hospitals

May 10, 2012

(HHS) Secretary Kathleen Sebelius announced significant steps to reduce unnecessary, obsolete, or burdensome regulations on American hospitals and health care providers. These steps will help achieve the key goal of President Obama’s regulatory reform initiative to reduce unnecessary burdens on business and save nearly $1.1 billion across the health care system in the first year and more than $5 billion over five years.

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Juror’s Facebook Post Creates New Medical Malpractice Trial

April 18, 2012

“I’m on jury duty. God help me.” For those of us who have been on jury duty, this thought has probably passed through our head. Perhaps some of us have even muttered it beneath our breath when we received the notice to report into jury duty. But most people know enough not to tweet or write a Facebook post about serving or a jury. Now, enter a Kentucky juror who did exactly that. Her friend then responded “They’re guilty…whatever it is, they’re guilty”.

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The Merz Injunction and Einstein’s Theory of Relativity

March 16, 2012

Allergan has been successful in leveraging a misappropriation of its trade secrets into a relative judicial monopoly over this area of facial aesthetics. It remains to be seen just how long Xeomin must remain in the penalty box. Don’t be surprised if it makes it to market well before the end of 2012.

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Merz Commits To Full Remediation Compliance In Allergan Lawsuit

March 14, 2012

Following a final hearing that occurred yesterday with the Honorable Andrew J. Guilford, the judge presiding over a recently concluded bench trial which focused on a commercial dispute over trade secrets, Merz is providing additional details on the outcome of the case.

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St. Augustine, Botulinum Toxins, and The Battle for the Fountain of Youth

March 14, 2012

Late on Friday, March 9th in his Santa Ana court chambers, United States District Judge Andrew Guilford entered an injunction against Merz Pharmaceuticals. This injunction came 19 months after Allergan initiated litigation against Merz for misappropriation of trade secrets.

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HHS settles HIPAA case with BCBST for $1.5 million

March 13, 2012

Blue Cross Blue Shield of Tennessee (BCBST) has agreed to pay the U.S. Department of Health and Human Services (HHS) $1,500,000 to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules, Leon Rodriguez, Director of the HHS Office for Civil Rights (OCR), announced today.

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Allergan and Merz: The Litigation Fest Continues

March 12, 2012

Earlier last week a Federal Court Judge in Santa Ana, California entered into an injunction against Merz. The injunction stopped Merz from marketing Xeomin to the facial aesthetic community.

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Allergan, Merz, and Unfair Trade Practices

March 9, 2012

I understand Allergan’s position, but I don’t like it. No one wants to be stolen from. I get the “We’re going to teach those bastards a lesson” mentality. But here is my problem; I don’t like the involvement of physicians and patients in their battle. Physicians should have the information and opportunity to provide their patients with alternate treatment options. Allergan’s approach of blocking Xeomin hurts people beyond Merz

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Increase in Healthcare IT Jobs

February 17, 2012

85 percent of hospitals now report that by 2015 they intend to take advantage of the incentive payments made available through the Medicare and Medicaid EHR Incentive Programs.

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New Health Care Law

February 13, 2012

The National Health Service Corps (NHSC) awarded $9.1 million in funding to medical students in 30 States and the District of Columbia who will serve as primary care doctors and help strengthen the health care workforce, U.S. Department of Health and Human Services (HHS) Secretary Kathleen Sebelius announced today at the Eisner Pediatric and Family Medical Center, a community health center in Los Angeles, Calif.

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Brazilian Blowout

February 13, 2012

The legal community has responded with class action lawsuits and governmental sanctions. It seems to me that it is time for the aesthetic medical community to step up. Surely, we all can agree that dousing people’s heads in formaldehyde should be done with cause and after some degree of training. A two hour course offered at the Dubuque Grand Harbor Resort and Waterpark this weekend, (yes; this comes from the Brazilian Blowout Facebook page) seems silly. Those in the aesthetic medical community should work to see that the public’s exposure to these products is safe.

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Judgment Against HCA Hospital

January 26, 2012

The jury verdict of 178 million dollars was so large as to attract the attention of the Wall Street Journal. Reports indicate that HCA plans to appeal the judgment. Despite the fact that this case has been pending for some years, the litigation will continue. The ending to this sad story remains unclear and distant. What is clear is that this judgment will have an impact on other pending medical malpractice litigation.

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PIP’s Silicone Implants

January 26, 2012

Some of you may be reminded of the movie Groundhog Day. You have that feeling that those of us here in the United States have been through a silicone implant public health scare before. The better cultural reference is Chapter 66 out of Moby Dick. Remember? After much effort a dead Sperm Whale is lashed the side of The Pequod one evening. It is to be processed by the crew the next evening. What happens next is horrific. Huge numbers of sharks come and shred the whale carcass. Some of the crew try to kill off sharks with wailing-spades but this does little as the sea boils with sharks and blood.

It won’t be long before you can substitute PIP and those associated with its implants for Melville’s dead whale. Rest assured, the litigators are coming to feed. In a bloodletting that will take place across the sea, PIP and its business associates will be attacked and devoured from all angles.

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Prevent Surgical Fires

December 9, 2011

A surgical fire is a fire that occurs in, on or around a patient undergoing a medical or surgical procedure. An estimated 550 to 650 surgical fires happen every year in U.S. operating rooms. Some of the fires cause disfiguring second- and third-degree burns. If the fire occurs in the patient’s airway, it can be fatal.

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Social Media Policies Can Help

November 22, 2011

The last thing any practice needs is an employee using its computer systems inappropriately. The cases also point to the general feeling of anonymity and privacy that many individuals have when using social media and the internet. It is these feelings that allow for ex-spouses, ex-employees, and/or competitors to comment on physician rating sites.

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Caution: Writing a Letter of Recommendation

November 22, 2011

The doctor who wrote the letter of recommendation was not dropped from the lawsuit, due to his glowing report.

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Texas Enacts a New Patient Privacy Law

August 25, 2011

Notably, the new law bans the for profit sale of PHI, requires employees of covered entities to undergo training regarding health privacy law, requires that health care providers supply individuals with access to their PHI within 15 days of a request, increases penalties for the wrongful electronic disclosure of PHI, and requires the Texas Health Services Authority to develop privacy and security standards for the electronic sharing of PHI.

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Everything is bigger in Texas?

July 25, 2011

Earlier this month, the Supreme Court of Texas ruled that the medical malpractice statutes of the state cover a patient’s death from a spider bite.

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Counterfeit Prescription Pads

July 25, 2011

The Florida Department of Health received many phone calls from both patients and practitioners stating that pharmacies were not filling prescriptions for controlled substances because the prescriptions were not written on the required counterfeit-proof prescription pads.

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Playing the Odds: Financing Medical Malpractice Claims

July 5, 2011

Investors are always looking to earn an easy profit, particularly from well-managed companies. But when the profit is from a hedge fund that finances medical malpractice lawsuits aimed at driving doctors out of the profession, Wall Street may have gone too far.

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E-Guilt: Social Media and the Murder Trial of Casey Anthony

July 5, 2011

Another prospective juror was excused for cause after he reportedly posted the jury instructions on his Facebook page.

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Hey Doc, Can You Get Me Some Botox?

July 5, 2011

According to WSVN-TV in Miami, last year Diana Cardenas-Gonzalez illegally injected Botox into several women at her West Miami-Dade home.

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Celebrate Social Media Day Carefully

June 30, 2011 MORE-->