Medicaid Liens Revisited
June 30, 2008
In the last couple of years, there have been important changes in the law on Medicaid liens on medical malpractice recoveries that have substantially altered the landscape with regard to such liens.
Pharmaceutical Products and Suicide Risks
June 30, 2008
In last month's issue, we noted that the federal government, drug companies and consumer watchdogs are increasing their efforts to find out whether a host of pharmaceutical products, when taken, can tend to render consumers susceptible to suicidal thoughts and/or actions. We continue the discussion in Part Two.
Nursing Home Litigation
June 30, 2008
When a nursing home resident is injured, tort litigation is traditionally the venue of choice for plaintiffs seeking compensation. However, with the risk of large verdicts appearing to increase in the last quarter-century, physicians and long-term health care facilities have begun to pursue mandatory arbitration as an alternative to traditional litigation.
Determining Legal and Financial Competency
June 30, 2008
Attorneys are increasingly asking clinicians to evaluate their clients' (or their relatives') financial and legal capacities, as well as their ability to live independently. These evaluations have both legal and ethical implications because the determination can make the difference between maintaining an individual's right to autonomy and his need for protection. Although determinations regarding capacity can limit or remove one's freedom to make financial and legal decisions, they may be necessary to safeguard patients from being exploited.
Update on Parental Alienation Syndrome
June 30, 2008
There has been a lot of confusion between the terms 'Parental Alienation Syndrome' (hereinafter 'PAS') and parental alienation. Nearly every state considers parental alienation a factor in determining child custody. Some states even go further and impose tort liability on the person who alienates a child from the other parent. This article explains in depth.
CA Justices Rule in Dispute over Artificial Insemination
June 30, 2008
Less than two weeks after stunning the nation by upholding marriage rights for same-sex couples, the California Supreme Court in May seemed poised to deliver another victory for gay rights. <i>North Coast Women's Care Medical Group v. Superior Court.</i> Specifically, the court gave every indication during oral arguments in San Francisco that it would rule that doctors cannot invoke their religious beliefs to deny gays and lesbians medical services.
Medical Child Abuse: Munchausen by Proxy and Pediatric Condition Falsification
June 30, 2008
While many family practitioners are familiar with allegations of child sexual abuse and physical abuse, often arising in the context of a custody dispute, fewer are as knowledgeable about Factitious Disorder by Proxy ('FDP'), popularly referred to as Munchausen Syndrome by Proxy ('MSBP') and a variant thereof, Pediatric Condition Falsification ('PCF'). Whether you are representing a parent accused of child sexual abuse, the accusing parent or a parent with a chronically ill child, a basic understanding of these disorders is helpful to properly assess whether they may be an issue in your case.
Developing a Partner Scorecard That Is Meaningful to Your Firm
June 30, 2008
This article is the first in a series about developing a customized scorecard for your firm's partners, specific information to include in the scorecard, tailoring it to your firm's goals, and getting partners to understand the scorecard and achieve greater success.
Profitable Use of Associates
June 30, 2008
Partners must be willing to make an investment in the future by becoming more involved in the associate's early experience at the firm. By monitoring each associate's progress, under the auspices of the coordinating partner and the individual partner-mentors, the firm can build toward its successful future.
