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We found 1,278 results for "Medical Malpractice Law & Strategy"...

New Anti-Kickback Law 'Safe Harbors' Proposed
June 02, 2015
The problems of poor-quality or unnecessary care were caused, in part, by the fee-for-service payment system that was in effect for generations. The fee-for-service model unfortunately offered the wrong incentives to dishonest or poor-quality providers to maximize revenue by maximizing services regardless of the quality or the medical necessity of the services provided.
Verdicts
May 02, 2015
Discussion of two recent important rulings.
Violation of the Anti-Kickback Statute (AKS)
May 02, 2015
TheUnited States Court of Appeals for the Seventh Circuit recently held that merely "authorizing" medically necessary services can constitute illegally "referring" patients under the AKS, if improper payments are made to the authorizing doctor.
Med Mal News
May 02, 2015
Discussion of a case in which the Judge cleared up the intersection of MCARE and the Tort Claims Act.
Custom-and-Practice Evidence: Exclusion from the Medical Malpractice Case
May 02, 2015
The admission of evidence of a health care provider's customary practices to prove that he or she acted in accordance therewith in a specified plaintiff's case is not necessarily guaranteed. Last month, in Part One, we began looking at how New York's courts have handled the issue of admissibility when such evidence was offered. We conclude that discussion here.
Med Mal Damages: Quantifying the Seemingly Unquantifiable
May 02, 2015
In order to assess the validity of economic losses within the field of medical malpractice, a number of variables must be taken into consideration. And depending on the alleged loss advanced, there exist subjective elements that make it difficult to gauge and evaluate those allegedly caused by the medical malpractice.
Drug & Device News
May 02, 2015
In-depth discussion of several key rulings.
Drug & Device News
April 02, 2015
Discussion of several pivotal rulings.
Shipboard Medical Liability Case May Alter the Status Quo
April 02, 2015
The Eleventh Circuit was faced with some controversial questions in a case in which an injured ship's passenger received allegedly negligent treatment in the ship's medical clinic by contractor medical providers. The passenger soon died.
Admissibility of Custom and Practice Evidence in Medical Malpractice Cases
April 02, 2015
Can evidence of a health care provider's custom and practice be admissible as habit evidence to prove a fact in malpractice cases? Can such evidence be proof in support of or against the standard of care sufficient to support or oppose a motion for summary judgment for or against a party?

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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