Generally, when a doctor is convicted for fraud, the misdeeds are limited to a single category of fraud. Maybe the doctor charged for procedures that weren’t performed; maybe there were kickbacks for referrals; or maybe self-referrals were involved. But last Friday a doctor in Michigan pleaded guilty to a …
Hospital Says Injury Was Malpractice, Plaintiff Insists It Wasn’t
May 11, 2015 1 Comment
Here’s an interesting riddle. When a plaintiff sues a hospital for an injury, why would the hospital insist the injury was caused by malpractice? Even more puzzlingly, why would the plaintiff insist she was not the victim of malpractice? Lezlea Ross sued St. Luke’s Episcopal Hospital for an injury that …
Does Med Mal Statute of Limitations Apply to Indemnification Claims?
January 30, 2015 Leave a Comment
Last week the South Carolina Supreme Court issued an opinion addressing the issue whether an indemnification claim is subject to that state’s medical malpractice statute of limitations, when the claim is for recovery of a payment made to settle a malpractice action. In 1997 Dr. A and Dr. B were working in the …
Did the Federal Court Protect the Wrong Doctor?
September 23, 2014 Leave a Comment
Last week in a medical malpractice case in Alabama, a federal court denied the plaintiff’s motion to compel production by a hospital of the defendant doctor’s personnel file. The plaintiff believed that the file could show that the hospital was negligent in hiring and supervising the doctor and might contain …
FLA. SUP. CT. SAYS MED MAL CAP VIOLATES FLA. EQUAL PROTECTION CLAUSE
March 14, 2014 Leave a Comment
Answering a question certified by the Eleventh Circuit, the Florida Supreme Court yesterday ruled that Florida’s statutory limit on noneconomic damages in cases of wrongful death from medical malpractice violates the Florida constitution’s guarantee of equal protection. McCall v. U.S., No. …