COVID-19 Defense Team | Stay up to date on the COVID-19 pandemic

Health Care

Long-Term Care Update

October 4, 2016
The Centers for Medicare and Medicaid Services (CMS) issued a final rule September 28, 2016, that prohibits nursing home facilities that receive federal funding from requiring residents to resolve legal disputes through arbitration. CMS, an[...]

Are Consulting Physicians Required to Intervene?

July 14, 2016
By: Paula J. Lozano In Florida medical malpractice lawsuits, plaintiffs’ attorneys often sue not only the providers involved in the direct care of the patient, but also providers who were remotely in contact with the[...]

Battle of the Experts – Two Recent Victories for Health Care Providers

August 29, 2013
Health care providers are required to meet the “standard of care” when treating patients and/or residents. So what exactly is the standard of care? Certainly, it is common knowledge that adverse outcomes alone do not[...]

CSK March 2013 Issue: Florida’s Long Term Care Reporter

March 29, 2013
Floridas Long Term Care Reporter_March 2013

Florida Supreme Court Affirms “Patients’ Right to Know” (December Litigation Quarterly 2008)

December 14, 2008
On March 6, 2008, the Florida Supreme Court sided with patients and consumers in allowing them to examine records on past adverse medical incidents.   The Florida Supreme Court, in reviewing two lower court decisions, held[...]

The Federally Supported Health Centers Assistance Act and Insurance Coverage (December Litigation Quarterly 2008)

December 1, 2008
The Federally Supported Health Centers Assistance Act (“Act”) allows the United States to “deem” actors, agencies and employees to be part of the Public Health Service (“PHS”).  Such “deemed” actors qualify for a type of[...]

Medicare Compliance Alert: (December Litigation Quarterly 2008)

December 1, 2008
What Liability Insurers, No-Fault Insurers, Self Insurers And Workers’  Compensation Carriers Need To Know About The Medicare Secondary Payer Statute’s Reporting RequirementsOn July 1, 2009, the Medicare Secondary Payer Act (the “MSPA”) will impose new[...]

Non-Delegable Duties of Hospital (December Litigation Quarterly 2008)

December 1, 2008 | Genevieve Rupelli
A new strategy that Plaintiffs are employing, in an attempt to hold hospital surgical centers actively liable, is to contend that pursuant to the applicable common, statutory, and licensing laws of the State of Florida,[...]

Florida Supreme Court Affirms “Patients’ Right to Know” (December Litigation Quarterly 2008)

December 1, 2008
On March 6, 2008, the Florida Supreme Court sided with patients and consumers in allowing them to examine records on past adverse medical incidents. The Florida Supreme Court, in reviewing two lower court decisions, held[...]