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2 Min Read

State high court to rule on physicians' duty of care

Do physicians owe a duty of care to someone other than their patients? This question is at the center of a case before the New York Court of Appeals after a bus driver was injured in a head-on collision with a car driven by a recently discharged patient.

Sustainability
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3 Min Read

What physicians need to know about telemedical liability

There are liability issues physicians should consider when engaging in the practice of medicine using telemedicine technologies. An expert in legal medicine gives his take on the potential liability climate resulting from use of telemedicine and outlined key steps physicians can take to minimize potential risk.

Sustainability
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3 Min Read

Medical liability climate stable for now, but future uncertain

Although the medical liability environment for physicians is stabilizing, premiums vary greatly by geographic location and expenses to resolve liability claims are at some of the highest levels ever, according to two new AMA reports that examine medical professional liability insurance trends.

Sustainability
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3 Min Read

Physician medical liability funds protected from state raids

Five years after the state government took $100 million from a special medical liability fund in Pennsylvania, a settlement has been reached that provides key protections against future diversion and returns $200 million in overpayments to physicians and other health care providers.

Sustainability
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1 Min Read

State high court rules for patient safety in liability case

In Allred v. Saunders, the Utah Supreme Court weighed in on an earlier court ruling that required a physician’s peer review files to be produced as evidence in determining medical liability, contrary to a law passed in 2012 that explicitly protects that information in order to preserve the integrity of peer review proceedings.

Sustainability
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2 Min Read

State high court to rule on expert witnesses in medical liability

The Florida Supreme Court is taking up Edwards v. Sunrise Ophthalmology ASC, in which a lower court had excluded the testimony of an infectious disease specialist, which was offered regarding the standard of care the plaintiff received from her ophthalmologist related to surgery on her lower eyelid.

Sustainability
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2 Min Read

Record release law for medical liability suits upheld in court

In Murphy v. Dulay, the appeals court overturned a lower court ruling that said a Florida law requiring the release of relevant health information was impermissible under the federal Health Insurance Portability and Accountability Act (HIPAA).

Sustainability
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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.

Sustainability
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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.

Sustainability