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Courts Split on Whether Medical Expert Testimony Alone Can Prove Falsity in FCA Cases
A nascent circuit court split again places medical necessity cases in the spotlight. An ever-evolving area of the law, medical necessity is one of…
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Metal-on-Metal Hip Replacement Lawsuits Continue Despite Recalls
More than 300,000 total hip replacements are performed each year in the United States. While it is generally considered to be a safe and…
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Exploring Claims For Retained Foreign Bodies After Surgery
Retained foreign bodies (RFBs) after surgery are situations where surgical items are unintentionally left in the body after skin closure. These are considered to…
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When Is Unnecessary Surgery a Case of Malpractice?
The problem of unnecessary surgeries has been publicized since at least the 1950s. Unnecessary surgeries are those that are not needed, indicated, or in…
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Dental Malpractice Liability for Nerve Injuries
Dental malpractice can result in a wide variety of injuries and high verdicts. According to one study of data from the National Practitioner Database,…
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Determining Causation in Workplace-Related Cancer Claims
Cancer describes more than 100 types of diseases characterized by development of abnormal cells which can divide uncontrollably and infiltrate and destroy normal body…
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Liability for the Spread of Infectious Diseases in the Workplace
The coronavirus has raised awareness of the risks of spreading infectious diseases in the workplace, but this is not a new problem. Although disease…
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More Lawsuits by Inmates and Correctional Officers for COVID-19 Infections
Correctional facilities pose unique challenges in combating the spread of the coronavirus. The high degree of virulence of COVID-19 and the difficulty of maintaining…
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Lack of Personal Protective Equipment Raise COVID-19 Liability Concerns for Hospitals
The lack of Personal Protective Equipment (PPE) has been a continuing issue for healthcare workers in the U.S. since the start of the COVID-19…
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