Category Archives: Health Care

Long-Term Care Update

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 agency within the federal Health and Human Services Department, is perceived to be reacting to allegations that arbitration permits such Read More…

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Are Consulting Physicians Required to Intervene?

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 patient’s care. Plaintiffs’ attorneys often take the position that if an insurance policy exists – sue them and maybe we Read More…

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Florida Long Term Care Reporter-Newsletter, August 2014

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

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 equate to negligence. Nevertheless, the vague guidance in the laws of each jurisdiction hardly provide any “black line” guidance as Read More…

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

Floridas Long Term Care Reporter_March 2013

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Florida Supreme Court Affirms “Patients’ Right to Know” (December Litigation Quarterly 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 that Amendment 7, the Patients’ Right to Know About Adverse Medical Incidents, was clear in its intent that patients have Read More…

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The Federally Supported Health Centers Assistance Act and Insurance Coverage (December Litigation Quarterly 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 limited insulation from suit under the Federal Tort Claims Act (“FTCA”). The facility, called an “entity” under the Act, and Read More…

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Medicare Compliance Alert: (December Litigation Quarterly 2008)

What Liability Insurers, No-Fault Insurers, Self Insurers And Workers’  Compensation Carriers Need To Know About The Medicare Secondary Payer Statute’s Reporting Requirements On July 1, 2009, the Medicare Secondary Payer Act (the “MSPA”) will impose new and mandatory reporting requirements on all workers’ compensation carriers and liability, no-fault and self-insurers (“primary payers”).1 Failure to comply Read More…

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

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, hospitals and surgical centers have a non-delegable duty to provide medical care and services.  Yet, the general rule is that Read More…

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Florida Supreme Court Affirms “Patients’ Right to Know” (December Litigation Quarterly 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 that Amendment 7, the Patients’ Right to Know About Adverse Medical Incidents, was clear in its intent that patients have Read More…

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