The U.S. Supreme Court declined to weigh in on whether objectively verifiable facts are necessary to establish a fraudulent claim under the False Claims Act (FCA). In rejecting two petitions
A decision regarding which competing causation standard must apply to medical malpractice cases with multiple tortfeasors has been answered by the Massachusetts Supreme Judicial Court (SJC). In February 2021, the
The guidelines insurance companies use to evaluate coverage and claims for mental health care and substance use treatments have come under fresh, intense scrutiny in a 5-year class-action lawsuit involving
A New York doctor was charged with second-degree murder this month for prescription practices that allegedly led to the opioid-related deaths of five patients. While opioid-related murder charges against prescribing
Plaintiffs would be awarded 9 percent prejudgment interest on all successful personal injury and wrongful death claims if a bill signed by the Illinois Legislature becomes law. The bill, which
The Arkansas Court of Appeals upheld the dismissal of a medical negligence case alleging a man was permanently paralyzed because of health care providers’ failure to timely diagnose his spinal
New Jersey Court Clarifies Affidavit of Merit Rule in Medical Malpractice Cases Alleging Negligence by Unlicensed Employees The Superior Court of New Jersey Revived a Med Mal Case in Affirming
Ruling Clarifies Who Can Be Considered a “Common Carrier” & an “Employer” for FELA Claims A widow can now move forward with two claims filed under the Federal Employers Liability
The pandemic has catapulted telehealth into the mainstream. When stay-at-home orders took effect last spring, many patients and doctors turned to telehealth out of necessity and discovered the many conveniences
A record number of False Claims Act (FCA) matters were initiated in FY 2020, according to newly released Department of Justice (DOJ) statistics. At the same time, the government recovered
Millions of Americans receive their prescription drugs by mail, some not by choice. According to the Kaiser Family Foundation’s (KFF) 2019 Employer Health Benefits Survey, 4 percent of healthcare plans
A 5-year court battle in a multi-million dollar medical malpractice lawsuit involving allegations of nursing negligence and subsequent attempts to cover it up ended after just 14 minutes of juror
The Supreme Court’s refusal to review a False Claims Act (FCA) case was a setback to whistleblowers (also known as relators) who allege fraud based largely on statistical data. The
What constitutes reasonable care and treatment in the context of a doctor-patient relationship? The answer to this question has evolved in complex ways in recent decades, particularly with respect to
When patients sign a valid consent form for surgery or another procedure, they will have a difficult time proving they did not give informed consent. This was demonstrated in Hauser
