The prevalence of ransomware attacks is increasing. In fact, “[o]n average, more than 4,000 ransomware attacks have occurred daily since January 1, 2016,” according to a recent interagency government report. Given this known threat, contingency planning by hospitals becomes even more important. This …
When Damages May Exceed the Statutory Med Mal Cap
July 5, 2016 Leave a Comment
Dr. Steven Nathanson is the defendant in a medical malpractice case involving the death of a patient. On June 24 the court rejected his motion for summary judgment on his claim that punitive damages are barred by West Virginia's medical malpractice act, which puts a $500,000 limit on damage awards for care of an …
There Is Such a Thing as Being Too Careful
April 26, 2016 Leave a Comment
According to The New York Times, Medicare may be punishing hospitals—and academic medical centers (AMCs) in particular—for being too careful. That’s how Northwestern Memorial Hospital’s chief medical officer sees the practical effect of Medicare’s policy of reducing payments to the hospitals with the …
Surgeon Leaps First Hurdle in Antitrust Suit
April 22, 2016 Leave a Comment
It could be the Mean Girls sequel we have been anxiously awaiting: a Napa Valley surgeon alleges that his colleagues and area hospitals ruined his reputation and eliminated his practice in violation of federal antitrust laws. A California federal district court ruled that his case was plausible enough to …
Difference of Medical Opinions Doesn’t Prove One Was False
April 4, 2016 Leave a Comment
A federal court in Alabama dealt a blow to the theory that in matters of medical judgment, a false claim action can rest on expert opinion evidence alone. A patient is eligible for hospice if the prognosis is life expectancy of six months or less, assuming the terminal illness runs its course. The government …
N.Y. High Court Denies Facility Fees for Office Surgery
April 1, 2016 Leave a Comment
New York State surgeons who operate in their offices took a hit on March 31, when that state’s highest court upheld a ruling that no-fault insurance companies are not required to pay a facility fee—only the professional fee. And that’s the case even when the office is formally licensed as an office-based …