$4 Million Liability for Bad Legal Advice to a Chiropractor

Allstate Insurance has won a judgment of nearly $4 million against a NY lawyer and Calif. consultant who guided a NJ chiropractor in structuring a medical practice designed to appear to meet the requirements of the state Insurance Fraud Protection Act (Act) while actually violating them. The defendants owned a …

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Why the Tail Policy Didn’t Cover the Doctor’s Tail

Dr. Steven Svabek may have set a record for the number of reasons why his tail policy didn’t cover the medical malpractice claims against him. According to a memorandum decision issued last week by the Indiana Court of Appeals, on Dec. 7, 2012, Dr. Svabek purchased a tail policy from Lancet Indemnity, …

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Do State Med Mal Caps Apply to EMTALA Cases?

State limitations on medical malpractice recoveries seem to be under almost daily attack.  The latest serious threat comes from Louisiana, where a federal district court has authorized an interlocutory appeal of his ruling that an Emergency Medical Treatment & Labor Act (EMTALA) claim is subject to the La. …

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Solid Victory for Ind. Med Mal Plaintiffs’ Bar

On April 7 the Indiana Supreme Court handed the plaintiffs’ bar a solid victory in the six-year battle that has raged since issuance of the 2011 Indiana Court of Appeals decision in K.D. v. Chambers.  That decision was generally read as severely limiting the right of a medical malpractice plaintiff to add a new …

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Indiana Reaffirms Relaxed Rule for Med Mal Complaints

In Indiana a medical malpractice plaintiff doesn’t proceed directly to court.  First, a proposed complaint goes to the Indiana Department of Insurance, and the case is heard by a Medical Review Panel consisting of physicians.  The complaint isn’t filed in court until the panel has issued its opinion. The …

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A Contract Be too Good to Be True

If it sounds too good to be true, it probably is.  A  Florida Supreme Court decision provides a variation on the adage: if a contract looks too favorable to one side to be valid, it probably isn’t. Thirty-nine weeks pregnant and experiencing contractions, Mrs. Crespo arrived at her doctor’s office.  …

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