Most of us think that accident victims should be able to recover for their medical bills. But recover twice? That issue is at the heart of the case argued before the United States Supreme Court on March 1. The Federal Employees Health Benefits Act (FEHBA) empowers the Office of Personnel Management (OPM) to …
When 30 Days Is Not 30 Days
February 17, 2017 Leave a Comment
When is 30 days not 30 days? Concerned about a surgeon’s skill, a hospital ordered him to “have five bowel surgery cases proctored,” specifying no time limit. After a month, when the surgeon hadn’t met the five-case requirement, the hospital filed an adverse report with the National Practitioner Data …
Agency Law Takes Center Stage in Psychologist Torture Case
February 1, 2017 Leave a Comment
If you think agency law is boring, take a look at the Jan. 27 opinion by a federal court in the torture case brought by three foreign citizens against two psychologists who worked for the CIA. The plaintiffs filed suit under the Alien Torture Act, alleging that they were subjected to an experimental torture …
CMS Report Blasts Provider Directory Errors
January 24, 2017 Leave a Comment
A new report by CMS echoes many patients in criticizing Medicare Advantage (MA) online provider directories for containing too many errors. “Online Provider Directory Review Report” concludes that too often a directory entry is incorrect because the provider wasn’t at the listed location, the phone number …
Physician Liability for Death of Nonviable Fetus
January 17, 2017 Leave a Comment
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 …
Apology Laws Are Not Self-Executing
December 16, 2016 Leave a Comment
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 …