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America is in a health care crisis -- a "perfect storm" of needless errors, unaffordable cost increases, declining access, inadequate accountability, and fearful and frustrated professionals. Some of the problems are unavoidable. No one can change, for instance, the fact that the baby boom population needs more health care as it ages. But our legal system is part of the problem, too: It imposes needless costs, deters safety improvements, and fosters widespread distrust among medical professionals. Changing the way medical malpractice lawsuits are decided would go a long way to improving health care for patients and providers alike.
Communicating complicated medical information precisely and simply can make or break a legal case, but imparting this information in a compelling way is no easy task. Descriptions of complex medical procedures and conditions can be difficult for the average person to understand, let alone remember. Advances over the last decade in computer processing of medical images and rapid manufacturing techniques can provide the basis for an important development in medical-legal communication.
<b><i>Part One of a Three-Part Article</i></b>. Since its enactment, with perhaps only three significant exceptions, the provisions of the Health Insurance Portability and Accountability Act, Pub. L. No. 104-191, 110 Stat. 1936 (1996) (HIPAA) have not been litigated. In the majority of cases where HIPAA has been the subject of litigation -- less than 50 -- litigants have raised HIPAA provisions as an issue, but only tangentially as part of a "throw away" argument, or in a meaningful manner but where the answer was immediately clear from the case's inception. Three federal cases, however, merit analysis, since they go to the heart of HIPAA, the government's broad attempt to safeguard medical records in the electronic age.
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The latest rulings of importance to you and your practice.
While the rest of the country was focused in on the U.S. Senate's failure to pass a Constitutional amendment banning gay marriage, advocates for same-sex couples' right to marry in New York recently won their own small victory. In a decision handed down by New Paltz Town Justice Judith M. Reichler on July 13, charges against two clergywomen for marrying same-sex couples without their first having obtained a license were dropped.
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As practicing attorneys, we struggle to keep abreast of developments in the law. Most likely, we cannot, in addition to this research and study, find the time to keep up with psychological research and analysis regarding divorcing and separating families. In order for family law practitioners to advance their understanding of the emotional side of divorce, child custody and the other baggage that comes along with family legal problems, a few choice reading and reference materials can go a long way. Here are a few books I've found indispensable for this task.
In a blow to divorcing New York parents with professional licenses, the Court of Appeals of New York recently upheld the decision of the Appellate Division, 3rd Department, that found no statutory authority for deducting enhanced earning contributions from the child support equation. The appellate court's majority concluded that the legislature "did not wish to have a child's lifestyle and support altered based on a distributive award."
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Part Two of a Two-Part Article. The first part of this article discussed the initial steps, documents and forms for transferring securities in the course of the equitable distribution of assets involved in matrimonial litigation. This conclusion addresses deferred compensation plans and provides forms for the completion of the transfer.