Clear Search
·
2 Min Read

Case could leave doctors vulnerable to repeat, delayed lawsuits

In KBR v. United States of America Ex Relator Benjamin Carter, petitioners are seeking to overturn earlier court decisions that would eliminate the existing six-year limit on pursuing “false claims” under the federal False Claims Act and would allow repeat lawsuits to be filed.

Judicial Advocacy
·
2 Min Read

Law limiting physician speech upheld; doctors call for rehearing

A federal appellate court earlier this summer issued a split-decision upholding a controversial Florida law that could restrict what physicians can talk about with their patients in the exam room.

Judicial Advocacy
·
1 Min Read

Patient privacy court ruling would interfere with care

In Lewis v. Superior Court (Medical Board of California), a lower court ruling grants law enforcement and other government employees broad access to the state’s prescription drug monitoring program’s database. Physicians are flagging the ruling as a violation of confidentiality in the physician-patient relationship.

Judicial Advocacy
·
2 Min Read

Court considers: Can doctors sue insurers for underpaid claims?

In North Jersey Brain and Spine Center v. Aetna, a physician practice that received assignments of benefits from patients with employer-sponsored health plans sued the insurer for denying and underpaying medically necessary surgeries for three different patients.

Judicial Advocacy
·
2 Min Read

Court squelches challenge to customary practice of medicine

In Kentucky Board of Chiropractic Examiners v. Barlow, an appeals court upheld the ability of physicians to provide expert review and testimony in keeping with their full scope of practice and training.

Judicial Advocacy
·
1 Min Read

Court: Physician not liable for patient's risky behavior

In Kelly v. Haralampopoulos, two Colorado physicians were accused of medical liability when a patient experienced cardiac arrest during a procedure after presenting with abdominal pain. Testimony of close friends indicated that the patient had been recreationally using a dangerous drug that is known to cause cardiac arrest.

Judicial Advocacy
·
3 Min Read

Attorneys argue patient safety case in mock hearing

The Supreme Court of the United States’ decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission (FTC) will determine whether state health care licensure boards can retain their authority to shield patients from potentially unlawful practice. Attorneys “argued” the case in a mock court session during the 2014 AMA Annual Meeting.

Judicial Advocacy
·
2 Min Read

Patient safety at stake in case before U.S. Supreme Court

The Supreme Court of the United States announced in March that it would hear North Carolina State Board of Dental Examiners v. Federal Trade Commission (FTC), a case previously decided by a federal appeals court that ruled in favor of the FTC’s claim that state licensure boards should be subject to antitrust laws.

Judicial Advocacy
·
3 Min Read

AMA, others support California's caps on damages law

The case, Winn v. Pioneer Medical Group, examines whether a claim based on medical negligence committed against an elderly patient can give rise to an action under the California Elder Abuse and Dependent Adult Civil Protection act, thus avoiding protections allowed in medical negligence cases under MICRA,

Judicial Advocacy