A Broadening Consensus to Narrow Asset Forfeiture
When Attorney General Jeff Sessions announced in July that the federal government planned to again emphasize the pursuit of civil asset forfeitures, an issue moved to the front burner for health care providers and their advisers: If the federal (or state) government decides to pursue a case against a care provider or medical practice, it can seize the alleged culprit's property, even before conviction.
Verdicts
Discussion and analysis of two major rulings.
Preparing a Medical Witness for Deposition and Trial: A Different Approach
While the deposition testimony usually does not win the case, in a medical negligence matter, it can definitely lose it. The stakes for a physician today are higher than they have ever been. It is not an infrequent occurrence that any report to the Databank gets a review by both the State Board of Medical Examiners and any health insurer on whose panel the provider has privileges. Our clients deserve better.
Managing Cyber Risks in Medical Practices
<b><I>Part Two of a Two-Part Article</I></b><p>Astonishing computing power lets health care providers harness vast computing resources to drive their business plans, manage treatment protocols and crunch data to boost their practices. However, unintended consequences arise and, in the case of computers, one such consequence is cyber peril.
Verdicts
The Ninth Circuit has reinstated a medical malpractice claim involving a federal government-employed doctor because although the plaintiff did not exhaust the federal claims process before originally filing suit in state court, he dismissed his original claim, sought and was denied relief through the federal claims process, then attached the claim to the ongoing state court case.
Case Notes
Analysis of a case in which a prescribed drug allegedly contributed to a young man's death.
Genomic Testing: The Perils and the Pitfalls
There are pitfalls for providers and companies that offer genomic testing. They might include not offering genetic testing if it is indicated, not offering the proper testing, or reporting inaccurate or misleading results. Each of these has the potential to generate a lawsuit, and indeed each of them already has.
Managing Cyber Risks in Medical Practices
<b><I>Part One of a Two-Part Article</I></b><p>We often associate cyber-risks with financial institutions, but while the financial sector certainly does deal with cyber-risks, it is by no means the only industry facing such woes. Health care providers are also vulnerable to cyber-liability risks.
