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PRACTICE COLUMNS

Health Care Law

Kadlec Decision Brings Health Care Practitioners Some Relief

Thursday, July 3, 2008

It was almost exactly two years ago that I wrote an article, ìYour Healthcare Clients Need to be Careful With Their Reference Letters,î published in the July 6, 2006, Legal Intelligencer about the case of Kadlec Medical Center, et al. v. Lakeview Anesthesia, et al., which was decided by a jury in the U.S. District Court for the Eastern District of Louisiana. In that case, the jury delivered a verdict of more than $8 million in damages in a civil case against a hospital and two physicians under fraud and negligent misrepresentation theories for failing to disclose facts about a drug-impaired physician, Dr. Robert Berry, during the credentialing process.

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PSA 2007 Annual Report Details New Initiatives

The Legal Intelligencer

Thursday, June 5, 2008

Recently, the Pennsylvania Patient Safety Authority issued its 2007 annual report. The annual report surveys the work of the PSA for the year and forecasts issues and initiatives where the PSA will focus its efforts in the future.

Commonwealth Court Rules on Medical Board's Regulation of Lay Midwife

The Legal Intelligencer

Thursday, May 1, 2008

The Commonwealth Court of Pennsylvania recently rendered a decision on an interesting case, which implicated the interplay of the regulation of the practice of medicine and midwifery by the Pennsylvania State Board of Medicine and personal religious values to have a midwife and not a doctor or hospital, care for a woman during pregnancy and childbirth.

Federal Law Pre-Empts Common-Law Claims for Premarket Approved Medical Devices

The Legal Intelligencer

Thursday, April 3, 2008

This February, the U.S. Supreme Court rendered a decision holding that the Medical Device Amendments of 1976 pre-emption clause bars common-law claims against the safety or effectiveness of a medical device that has received Federal Drug Administration premarket approval.

N.J. University and Hospital Released from Monitorship

The Legal Intelligencer

Thursday, March 6, 2008

The federally appointed monitor for the University of Medicine and Dentistry of New Jersey (UMDNJ) has released that institution from monitorship, praising the strides that have been made by the university, but cautioning that further changes still need to be made.

OIG Approves Nonprofit, Tax-Exempt Organization's Subsidy Programs

The Legal Intelligencer

Thursday, February 7, 2008

In an advisory opinion issued Dec. 19 and posted Jan. 3, the Department of Health and Human Services, Office of Inspector General approved a nonprofit, tax-exempt charitable organization's programs for subsidizing cost-sharing and premium obligations associated with outpatient drug treatment for certain chronic diseases involving financially needy Medicare and Medicaid patients.

'Competence' and Capacity in Alzheimer's Disease

The Legal Intelligencer

Friday, January 11, 2008

Aging of the population and the increasing prevalence of Alzheimer's disease (AD) and other dementias pose substantial public health, medical and legal challenges to society.

Commission's Revised MS.1.20 Standard and Its Surrounding Controversy

The Legal Intelligencer

Wednesday, January 9, 2008

This June, the Joint Commission Board of Commissioners approved revisions to Standard MS.1.20. The commission is a private accrediting agency of health care organizations and programs in the United States.

Is Ranking Physicians a Fair Practice? Issues Raised in N.Y. Probe

The Legal Intelligencer

Thursday, December 6, 2007

New York Attorney General Andrew M. Cuomo recently spearheaded a New York statewide investigation into health insurers' use of physician-ranking programs.

OIG Addresses On-Call Coverage Payment Arrangement

The Legal Intelligencer

Thursday, November 1, 2007

In an advisory opinion issued Sept. 20, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) addressed the issue of a payment arrangement between a hospital and physicians for on-call coverage and indigent in patient care.

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