Kentucky becomes first state to decriminalize medical errors
7/24/24
By: LaShay L. Byrd and Kyle Virgin
Kentucky recently became the first-ever state to pass a law shielding healthcare providers from being criminally charged for medical errors.
House Bill 159 was passed unanimously by both chambers of the Kentucky legislature …
Strengthening data privacy in healthcare: 22 state attorneys general call for action post cyberattack
5/28/24
By: Gaia T. Linehan
On February 21, 2024, Change Healthcare, the leading healthcare payment system in the nation, experienced a ransomware attack that caused its systems to completely shut down. Consequently, approximately 90% of the hospitals in the nation reported …
As the fate of the FTC’s non-compete rule remains uncertain, what should healthcare employers consider doing next?
5/8/24
By: Kevin G. Kenneally and Brendan M. Collins
Recently, Attorney Sunshine R. Fellows from FMG’s Pittsburgh office reported about the 3-2 approval by the U.S. Federal Trade Commission (“FTC”) of a final rule (the “Rule”) banning virtually all new non-compete …
Within and without: False Claims Act whistleblowers can, and do, come from anywhere
4/22/24
By: Justin J. Boron
False Claims Act (“FCA”) lawsuits typically start with a whistleblower. Where the whistleblower starts is another question.
Historically, whistleblowers under the FCA–which provides private citizens the ability to assert qui tam claims for fraud committed against …
The Zombie Ferreira Conference: How complaint amendments can revive the requirement
4/10/24
By: Courtney M. Knight, Esq.
On February 16, 2024, the New Jersey Appellate Court addressed a question of fairness, when it ruled that all defendant doctors should have been provided an opportunity for a conference to determine whether a patient …
Indiana high court gives leeway to standard of care opinions
2/12/24
By: Joshua W. Zhao
In Korakis v. Memorial Hospital of South Bend et al., No. 23S-CT-109 (2024), the Indiana Supreme Court considered whether a medical expert must expressly state the applicable standard of care in their affidavit for the …
Combating FraudGPT: new guidance to healthcare providers
2/8/24
By: Alexia R. Roney
To combat phishing attacks supercharged by AI, the Health Sector Cybersecurity Coordination Center (HC3) has provided guidance to the healthcare industry through its white paper, “AI-Augmented Phishing and the Threat to the Health Sector.” Phishing is …
Supreme Court of Ohio confirms that the statute of repose for medical claims applies to wrongful death claims
1/3/24
By: Jessica L. Gillis and Kevin M. Norchi
On December 28, 2023, the Ohio Supreme Court resolved the split among the Ohio appellate district decisions holding that the statue of repose for medical claims means what it says – the …
Mass tort settlement utilizing bankruptcy reorganization in Purdue Pharma deal may be upended this week by Supreme Court
12/6/23
By: Kevin M. Ringel and Kevin G. Kenneally
On Monday, December 4, the Supreme Court conducted oral arguments in a case that could impact the bankruptcy framework frequently utilized by businesses facing mass tort litigation. The case, Harrington v. Purdue …
CMS issues proposed rule setting minimum staffing standards for long-term care facilities
11/15/23
By: Michael Griffin and Alexandra F. Held
On September 6, 2023, the U.S. Department of Health and Human Services, through the Centers for Medicare & Medicaid Services (CMS), issued a proposed rule that, for the first time, would establish minimum …
Amendments to Federal Rules of Evidence point out erroneous application of Rule 702 and clarify standards for admissibility of expert testimony
11/7/23
By: Kevin M. Ringel and Kevin G. Kenneally
On December 1, 2023, amendments to the Federal Rules of Evidence will take effect to clarify the standard for admission of expert testimony. The Advisory Committee on Evidence Rules determined amendments to …
Termination on death clause dooms attempt to use arbitration agreement in Illinois nursing home contract
10/11/23
By: Donald Patrick Eckler and Adelaide Bell
Does a death on termination clause in a nursing home contract terminate the entirety of the contract, including the arbitration agreement? Resolving a conflict between the districts of the Illinois Appellate Court, the …