Medicolegal

Understanding the anti-kickback law

Abby A. Jacobson, MS, PA-C July 20, 2010

The 1972 legislation was created to protect patients and federal health-care programs from fraud and abuse.
 

Medical malpractice suits drop by 39% in Pennsylvania

Ann W. Latner, JD May 18, 2010

New medical malpractice laws account for the difference.
 

Study: Interrupted nurses make more mistakes

Ann W. Latner, JD May 18, 2010

Interruptions lead to procedural and clinical errors.
 

Complaints to maine medical board rise dramatically

Ann W. Latner, JD May 18, 2010

However, increased negligence is not to blame.
 

Postsurgical infection could have been avoided

Ann W. Latner, JD May 01, 2010

When a patient refuses to follow advice, should the clinician be held liable for any adverse outcomes?
 

Medical malpractice leads to legal malpractice

Ann W. Latner, JD April 19, 2010

What happens if an attorney fails to notify his or her clients of a settlement offer?
 

Illinois Supreme Court overturns damage caps

Ann W. Latner, JD March 16, 2010

According to the Court, the statutory cap "unduly encroaches upon the fundamentally judicial prerogative of determining whether a jury's assessment of damages is excessive within the meaning of the law."
 

How to get full reimbursement for Medicare services

Abby Jacobson, MS, PA-C February 16, 2010

Our expert offers a review of "incident-to" billing.
 

California hospitals fined for preventable errors

Ann W. Latner, JD February 12, 2010

Since the penalty program went into effect, 134 fines have been levied against 90 hospitals.
 

Breach in protocol ends in suit

By Ann W. Latner, JD February 12, 2010

Physicians fail to follow the clinic's rules, which appear unrealistic in retrospect, regarding PA supervision.
 

Suspected child abuse leads to arrest

Ann W. Latner, JD February 12, 2010

In a child with no history of suspicious injury, were the clinicians too hasty in their judgment?
 

PA misses a fatal condition

David S. Starr, MD, JD January 21, 2010

A college student collapses and is rushed to the emergency department after her symptoms were misdiagnosed three times.
 

Medical malpractice suits drop sharply in Tennessee

Ann W. Latner, JD January 19, 2010

The drop in cases has not yet been reflected in the cost of malpractice insurance for clinicians.
 

Tort reform hangs in the balance in Georgia

Ann W. Latner, JD January 19, 2010

In 2005, the state enacted a tort reform package that included a $350,000 cap on non-economic medical malpractice damages, and a change to the burden of proof required in suits against emergency medical providers.
 

Annual report highlights six "judicial hellholes"

Ann W. Latner, JD January 19, 2010

A "judicial hellhole" is a place where judges systematically apply laws and court procedures in an unfair and unbalanced manner.
 

Who takes the blame for a delayed diagnosis?

Ann W. Latner, JD January 19, 2010

With no documentation to refer to, the clinician comes under scrutiny.
 

Lung cancer mistaken as influenza

David S. Starr, MD, JD January 13, 2010

Relying only on her notes, a clinician was able to explain why a chest x-ray was not ordered sooner.
 

Signs of stroke never suspected

Ann W. Latner, JD December 21, 2009

A case that started with dizziness and earache ends with the patient paralyzed and bedridden.
 

Trial lawyers prepare for tort reform fight

December 21, 2009

Supporters urged to convince Congress to "put patients first."
 

Majority of medical liability premiums stabilize or drop

December 21, 2009

Tort reform successful in keeping down high malpractice premiums
 

Arizona toughens burden of proof in malpractice cases

Ann W. Latner, JD December 21, 2009

Plaintiffs will have to prove by "clear and convincing" evidence that the health-care provider committed negligence.
 

The danger of a sloppy referral

David S. Starr, MD, JD November 16, 2009

A supervising physician's notes said the patient had been referred to a cardiologist, but the PA's notes did not. Lawyers seize on the discrepancy.
 

Courts to decide legitimacy of malpractice award caps

Ann W. Latner, JD November 16, 2009

State supreme courts in Georgia, Illinois, Oklahoma, and Maryland will determine whether to do away with caps on non-economic damages.
 

Washington State Supreme Court overturns certificate of merit requirement

Ann W. Latner, JD November 16, 2009

Some states require a qualified medical expert to sign off on a document attesting that there is merit to the plaintiff's claim.
 

Errors lead to undiagnosed melanoma

By Ann W. Latner, JD November 16, 2009

After referring his patient to a dermatologist to have a mole looked at, the clinician considered the case resolved. Not so fast.
 

A decade of child abuse goes undetected

David S. Starr, MD, JD October 13, 2009

The patient's symptoms and her situation at home were not considered indicative of sexual abuse.
 

Nearly nine out of 10 U.S. physicians support President`s backing of malpractice reform

September 11, 2009

In the same survey, 94% of physicians say defensive medicine has led them to order unnecessary tests or procedures.
 

Concussion knocks football player out of competition

David S. Starr, MD, JD September 11, 2009

A football pro sues his team's doctor and physician assistant after repeat concussions sideline his promising career.
 

Four steps to successful negotiation

Abby Jacobson, MS, PA-C August 17, 2009

Ensure you get what you want by following these simple guidelines.
 

Patient confidentiality

August 13, 2009

 

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