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 …
Question of fact found on whether an allegedly negligent radiologist was an employee or independent contractor
10/5/23
By: Donald Patrick Eckler and Joshua W. Zhao
In Conrads v. Rush-Copley Medical Center, Inc., 2023 IL App (2d) 220455, the Appellate Court of Illinois addressed the factors that a court should consider when determining whether a physician constitutes …
Penn Medicine Challenging Largest PA Med Mal Claim Verdict
8/30/23
By: Nicholas J. Hubner
A Philadelphia County recently awarded a $182.7 MM verdict, including $80 MM in pain and suffering damages, against the Hospital of the University of Pennsylvania, known as Penn Medicine. While larger medical malpractice jury verdicts are …
COVID-19 immunity for health care facilities upheld in Illinois
8/18/23
By: Kevin M. Ringel
In a victory for health care providers in Illinois, a state appellate court held yesterday that Governor Pritzker’s executive order issued in the early days of the COVID-19 pandemic grants immunity for ordinary negligence claims to …
What is a Health Care Liability Claim in Texas? A Tale of Two Cases
7/17/23
By Timothy Soefje and Gabriel Canto
Two Texas cases fortuitously reported on back-to-back days brilliantly illustrate the counterintuitive, contentious, and consequential labeling of Texas claims as Health Care Liability Claims (“HCLCs”) or non-HCLCs. An HCLC designation is important because it …
Business Associate Agreements: What You Need to Know
6/23/23
By: Michael Griffin and Alexandra Held
Business associate agreements are essential to ensure compliance with the Health Insurance Portability and Accountability Act (HIPAA), the federal law establishing national standards to protect the privacy and security of protected health information (PHI). …