Electronic Medical Records – Saving More Than Trees
6/29/12
By: Scott Rees
A recent Harvard study found medical malpractice claims dropped in Massachusetts after doctors began using electronic records. The study tracked 275 doctors, and of those, 33 were targeted by malpractice claims. Only two of the malpractice claims …
Supreme Court Upholds Health Care Mandate, but States May Avoid Medicaid Expansion
6/28/12
By Ben Mathis
In a 5-4 opinion authored by Chief Justice John Roberts, the Supreme Court upheld the key “individual mandate” provision of the Patient Protection and Affordable Care Act.
Contrary to early media reports, however, a divided and more …
The Eleventh Circuit Rules First Restrictive Covenant Law as Unconstitutional
6/27/12
By: Brad Adler
For those that have followed the saga over the passage of the new restrictive covenant law, the Eleventh Circuit (without much fanfare) has chimed in on the issue and ruled that the Georgia legislature’s first attempt to …
Georgia High Court Expands Waiver of Coverage Defenses
6/27/12
By Philip W. Savrin
Last week, the Supreme Court of Georgia issued its decision in Hoover v. Maxum Indemnity Company finding that an insurer had not preserved its right to disclaim on defenses that were not asserted adequately in the …
High Court Splits on Arizona Law — Is Georgia Next?
6/26/12
By Ben Mathis and Kelly Morrison
In a decision that left both sides claiming victory, the Supreme Court struck down several portions of immigration legislation by the State of Arizona, but also upheld a key part of the law that …
Supreme Court Rules Pharmaceutical Sales Reps Are Exempt
6/21/12
By: Brad Adler
Great news for employers with sales professionals in the pharmaceutical industry. The Supreme Court ruled on Monday that pharmaceutical sales people are exempt from the FLSA’s overtime requirements under the “outside sales” exemption.
Previously, federal circuit courts …
Implications of Wisconsin Recall Vote on Public Sector Unions
6/20/12
By: Jason Mitchell
Governor Scott Walker survived June 5th’s recall vote by a margin of 7% or roughly 173,00 votes. Because public sector union rights played an important role in the recall campaign, the outcome likely will carry significant …
Retaliatory Hostile Work Environment Claim Recognized by Eleventh Circuit
6/18/12
By: Joyce Mocek
In a case of first impression for the Eleventh Circuit, the Court in Gowski v. Peake held that a retaliatory hostile work environment was a viable claim. The Court also noted that although discrete acts cannot alone …
Multi-Million Dollar Jury Award Reduced Because Man Died While Having Sex with Multiple Partners
6/15/12
By: Scott Rees
A cardiologist was found liable for failing to warn his patient to avoid strenuous physical activity. Shortly thereafter, the decedent engaged in strenuous activity — a “threesome.” The patient died in the act.
The jury awarded the …
The Pitfall of Coverage by Estoppel in Georgia
6/7/12
By: Phil Savrin
The Supreme Court of Georgia swept aside many decades of case law recently when it decided that an insurer cannot rely on policy provisions to deny coverage if it defends its insured without reserving its rights. Before …
The National Practitioner Data Bank
6/6/12
By: Scott Rees
From talking to medical providers and other individuals associated with medical care, there is a lot of mystery and unknowns about the National Practitioner Data Bank (NPDB).
In fact, almost without exception, at some point during the …
Preparing for Potential Outcomes of Healthcare Decision
6/1/12
By David Cole
The new federal healthcare law, formally known as the Patient Protection and Affordable Care Act, imposes a number of different requirements on employers. Some of these requirements already are in effect, while others are scheduled to phase …