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October 30, 2006 |

Insolvency crisis plagues hospitals

While the aggregate number of bankruptcy filings in the United States appears to be decreasing annually, health care-related bankruptcy filings remain on the rise.
11 minute read
July 13, 2007 |

Entity Selection For Health Care Professionals

This article explores the tax implications of professional service corporations and entities treated as partnerships.
12 minute read
February 01, 2008 |

Panel Rejects Involuntary Medication

5 minute read
September 17, 2012 |

Documents Governing End-of-Life Care: Avoiding Traps For the Unwary

Eve Green Koopersmith, a partner, Doris L. Martin, a partner/director, and Barbara D. Knothe, a partner at Garfunkel Wild, review the documents and laws that govern health care decisions in New York, and advises which ones should be part of a complete estate plan. Please keep in mind, they note, that given the nature of medical treatment issues, this article cannot provide a template for all clients, and a particular client's circumstances must be considered with respect to which documents fit best.
13 minute read
July 08, 2013 |

Bringing RICO Suits in the No-Fault Arena

Andrew Zwerling is a partner-director at Garfunkel Wild, writes: In recent years, medical providers who have been denied No-Fault reimbursement from insurance carriers have attempted, in preemptive fashion, to rely on RICO in lawsuits against insurance carriers, IME companies and medical providers who perform IMEs or prepare peer reports concerning the treatment provided alleged accident victims by the plaintiff medical providers. These efforts, however, have not met with success.
12 minute read
April 01, 2013 |

Achieving Expected Cost-Efficiencies in Arbitration

Andrew Zwerling, a partner-director at Garfunkel Wild, writes that the myriad advantages and cost-efficiencies arbitration offers are being lost to litigants. There are several explanations behind this phenomenon, including reliance on boilerplate in arbitration clauses, scorched-earth tactics by some attorneys, and failure to select the appropriate arbitrators. Regardless of the causal factors, there are measures that can be undertaken by the arbitrator that should afford parties the benefits that they hope to secure through arbitration.
12 minute read
December 12, 2005 |

Modern Corporate Governance

Board members of health care corporations must always remain mindful of their four primary duties: care, loyalty, obedience and monitoring, and take affirmative steps to ensure the Board and the organization they serve abide by these principles as well.
11 minute read
July 06, 2006 |

N.Y. Judge Dismisses Nurse Manager's Whistleblower Suit

A Nassau County judge has dismissed a whistleblower lawsuit filed by a nurse who alleged she was fired by North Shore University Hospital at Plainview in New York after she complained about unsanitary surgical procedures that were allegedly practiced at the hospital.
3 minute read
July 25, 2011 |

Antitrust Developments Offer Long-Awaited Guidance to Providers

Roy W. Breitenbach, a partner at Garfunkel Wild, writes that even if accountable care organizations never get off the ground, a recent proposed statement on ACOs provides important insight into how the Antitrust Division and FTC currently view clinical integration and other important antitrust issues arising from provider collaborations and health care payer-provider relationships.
12 minute read
February 06, 2008 |

Sombrotto, petitioner-respondent v. Christiana W., respondent-appellant

Court Should Not Have Allowed Hospital Override Of Parental Objections to Involuntary Medication
16 minute read

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