Surgeons Leave Patients with Unexpected Surprises
3/27/13
By: Scott Rees
The article below discusses the surprisingly high frequency of surgical instruments left inside a patient’s body following surgery, and the costs involved. Those sponges become very expensive when they are accidentally left inside.
USA Today – “What …
Georgia High Court to Revisit Scope of Official Immunity for State-Employed Physicians
3/7/13
By: Scott Rees and Michael Eshman
The highest Court in Georgia recently heard oral argument in a medical malpractice case with implications for medical providers working in state-run facilities. The issue, generally, is: when are medical providers working in state-run …
Healthcare Act: DOL Extends March 1st Deadline for Employers to Give Notice of Exchanges
2/5/13
By: David Cole
The Affordable Care Act requires employers to provide written notice to employees of the availability of insurance through state or federal health exchanges, which are scheduled to begin operation on January 1, 2014. The written notice must …
Medical Malpractice Lawsuit Dismissed Because Expert Not Qualified
1/31/13
By: Scott Rees
In Whitley, the Court of Appeals ordered a medical malpractice lawsuit to be dismissed for failure to satisfy Georgia’s expert affidavit requirements. O.C.G.A 9-11-9.1 requires that in any medical malpractice lawsuit, a plaintiff must file with …
Georgia Supreme Court to Weigh Expert Qualifications in Medical Malpractice Case
1/18/13
By: Michael Eshman
At issue in Hankla, et. al. v. Postel is the qualification of a medical doctor to testify as an expert regarding the standard of care owed by a nurse midwife. Georgia statute sets forth certain requirements a …
Employers Must Act Now on Healthcare Law
1/16/13
By David Cole
This is a critical time for employers to be aware of their obligations under the healthcare law and begin taking steps needed for compliance. As just a brief reminder, some of the law’s key provisions for employers …
Georgia's Emergency Care Statute May Be Implicated by Delay in Transfer of Emergency Room Patient
1/9/13
By: Scott Rees
In Dailey v. Abdul-Samed, the applicability of Georgia’s emergency medical care statute, O.C.G.A. 51-1-29.5. The statute provides that in an action involving a health care liability claim arising out of the provision of emergency medical care …
When is Medical Care Not an Emergency? Clever Lawyering Finds a Loophole in the Stringent Gross Negligence Standard
11/5/12
By: Mike Flint and Laura Broome
In 2005, the tort reform passed by the Georgia legislature included a statute that changed the standard for suing emergency room health care professionals in medical malpractice actions. The statute in essence states that …
Recent Study Finds Physician Burnout Prevalent; Impacts Malpractice and Patient Care
10/29/12
By: Mary Ellen Lighthiser
A recent New York Times article discussed a troubling study that indicates a high number of physicians are experiencing burnout. The recent study described burnout as “emotional exhaustion, detachment and a low sense of accomplishment.” The …
D&O Insurance Policies Now Tailored to Health Care Organizations
10/12/12
By: Kelly Morrison
The new wave of insurance policies explicitly addresses antitrust and HIPAA concerns unique to the medical industry.
Please visit the following link for more information: D&O Insurance for Healthcare Organizations: Our Prescription for Better Coverage.
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Hospital Found Liable After Lawyers Intimidate Expert
9/17/12
By: Scott Rees
A default judgment was recently entered against a local hospital, based on the actions of its attorneys. In entering the default judgment, the judge determined that the local hospital’s attorneys intimidated the plaintiff’s expert physician witness to …
Electronic Medical Records – IT Guides for a New Frontier
8/27/12
By: Michael Eshman
It is clear that electronic medical records and exchanges are the wave of the future in healthcare. For better or worse, the electronic management and maintenance of files and records will transform the healthcare industry.
In December …