9/5/14
By: Gautam Y. Reddy
The liability of brand-name and generic drug manufacturers regarding failure to warn claims continues to be a hot button issue in state courts across the country. Just two weeks ago, we wrote about how the Alabama …
9/5/14
By: Gautam Y. Reddy
The liability of brand-name and generic drug manufacturers regarding failure to warn claims continues to be a hot button issue in state courts across the country. Just two weeks ago, we wrote about how the Alabama …
A Solution to Medical Professional Texting And HIPAA Compliance
8/26/14
By: J. Scott Rees
Everyone texts today – your kids, your friends, your doctors. With electronic health records (EHR) going from a trend to the mandated standard, digital and electronic technologies have become fully integrated into nearly every aspect …
8/21/14
By: Michael P. Bruyere and Michael J. Eshman
After the U.S. Supreme Court’s decision in Pliva, Inc. v. Mensing, 131 S. Ct. 2567 (2011) holding that a generic drug manufacturer generally cannot be liable for a failure-to-warn state law …
7/14/14
By: Michael P. Bruyere and Michael J. Eshman
As federal courts and parties wrestle with the issue of pre-emption and parallel state-law claims in medical device litigation, the U.S. Supreme Court elected not to weigh-in on the 9th Circuit’s …
Municipal Liability: Failing to Provide Inmates with Adequate Medical Attention
7/9/14
By: A. Ali Sabzevari
The Georgia Supreme Court is set to hear oral argument this September and will hopefully address and bring clarity to what the proper analysis is for determining whether a municipality is entitled to sovereign immunity for …
Report Shows New York is Medical Malpractice Payout Leader (Georgia ranked #23)
7/8/14
By: Scott Rees
Recently, Diederich Healthcare, a professional liability insurance provider, reported several interesting statistics regarding medical malpractice payouts for year 2013. The full report can be found at www.diederichhealthcare.com/the-standard/2014-medical-malpractice-payout-analysis. Below are a few interesting facts from that report:…
6/10/14
By: Michael Eshman
We recently reported on the Georgia Court of Appeals ruling that recognized a broad right to cure defects in the affidavit required in professional malpractice actions in Georgia, which included the right to get a new, competent …
Total Medical Malpractice Payout Amounts Up Nationwide in 2013
4/30/14
By: Michael Eshman
Diedrich Healthcare published a graphic analysis of medical malpractice payouts in 2013 based on numbers recorded by the National Practitioner Data Bank. The numbers reveal an uptick in medical malpractice payout amounts nationwide for the first time …
Florida Joins Georgia In Declaring Non-Economic Caps on Damages to be Unconstitutional
3/27/14
By: Scott Rees
Florida recently joined Georgia and at least five other states when its Supreme Court in a 5-2 decision ruled that a non-economic cap on damages in medical malpractice wrongful death cases is unconstitutional. The caps were part …
Georgia’s Expert Affidavit Requirement: Broad Right to Cure Defects Includes Getting a New Expert
3/7/14
By: Michael Eshman
The Georgia Court of Appeals recently overturned the dismissal of a medical malpractice action that was dismissed based on the deficiency of the expert affidavit that was filed with the complaint. The affidavit filed with the complaint …
Georgia’s Insurance Prompt Payment Law Invalid
2/21/14
By: Jonathan Kandel
Last week, a federal appeals court found a portion of Georgia’s Insurance Prompt Payment law was preempted by the federal Employee Retirement Income Security Act (ERISA) and, therefore was invalid. The law at issue, which is known …
Tips To Avoid Medicare Fraud Investigation
2/6/14
By: Scott Rees
Good intentions will not necessarily save a healthcare provider from an investigation and charge of healthcare fraud. Indeed, often times a provider will be charged with healthcare fraud even if he or she believed a legitimate service …