Physician Liability for Death of Nonviable Fetus

If an obstetrician’s negligence causes the miscarriage of a nonviable fetus—i.e., one that couldn’t live outside the womb--does the patient have a cause of action for wrongful death?  In Alabama the answer is yes, according to a unanimous opinion by the state’s highest court. Kimberly Stinnett alleged …

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Apology Laws Are Not Self-Executing

A recent study of state apology laws by three Vanderbilt University researchers concludes, among other things, that “from the perspective of physicians, apology laws are almost certainly detrimental,” increasing the frequency of malpractice claims and the amount of indemnity payments. State apology laws are …

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EMTALA Anti-Retaliation Rule Narrower Than You Might Think

Regional Care Hospital fired Marie Gillispie because she was outspoken in telling hospital management that it was required to report an incident of patient dumping and had violated EMTALA by failing to do so.  At least that’s what Marie said in her federal lawsuit against the hospital for violating EMTALA’s …

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8th Cir. Resists Opportunities to Nix Nursing Home Arbitration

The plaintiff offered the Eighth Circuit several reasons to rule that he needn’t arbitrate claims against his father’s nursing home.  But, figuratively swimming against the juridical current, the Eighth Circuit rejected all of them. When Eddie Robinson’s father entered Pine Hills nursing home, he signed …

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Continuing Assaults on Surprise Out-of-Network Bills

California struck the most recent blow against surprise out-of-network medical bills.  Surprise bills are different from the bills you get when you knowingly choose an out-of-network provider.  Those are painful, but they aren’t a surprise.  The classic example of a surprise bill is the one an out-of-network …

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Another Judicial Assault on Nursing Home Arbitration

They seem to come on an almost weekly basis: judicial rejections of arbitration provisions in nursing home contracts.  The Sept. 22 attack by the Florida Supreme Court is the latest, and one of the harshest. When Juan Sr. entered the home in 2009, a physician determined that he lacked the capacity to sign for …

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