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Negligence › Medicare

Snell & Wilmer

Redefining the Rules: How Audish v. Macias Reshaped Future Medical Expense Claims in California Personal Injury Cases

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In Audish v. Macias (2024) 102 Cal.App.5th 740, the California Court of Appeal decided a key issue concerning the admissibility of a plaintiff’s future Medicare eligibility in calculating damages for future medical expense...more

JUSTICENTER

Basic Personal Injury Settlement Breakdown: How Much Goes in My Pocket?

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Getting a personal injury settlement can feel like a huge relief after an accident. But many people wonder, “How much of this settlement will I actually get?” Understanding how settlements are broken down can help you know...more

Haight Brown & Bonesteel LLP

Can a Jury Consider a Plaintiff’s Medicare Coverage in Evaluating Future Medical Damages Claims?

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Can a Jury consider a Plaintiff’s medicare coverage in evaluating future medical damages claims? A California Court of Appeals held in the affirmative in David Audish v. David Macias; Case No. D081689....more

Rivkin Radler LLP

NY Nursing Home Settles Fraud Suit

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On March 4, the New York Attorney General announced an $8.6 million settlement with Fulton Commons Care Center, a nursing home located in East Meadow, NY. The settlement resolves an action brought against Fulton in 2022...more

Benesch

Sunshine On My Shoulder: Reptile Smiting in the Sunshine State

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Reptile theory litigation tactics and commensurate nuclear verdicts have become a recurring problem for motor carriers, transportation brokers, and now, even shippers in high-stakes, catastrophic casualty litigation. There...more

White and Williams LLP

Pennsylvania Hospitals Provided a Path to Offset Ostensible Agent Liability

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A recent Pennsylvania Supreme Court decision provided hospitals a path to offset liability for their ostensible agents’ negligence. In McLaughlin v. Nahata, the Court recognized that a defendant hospital could seek...more

King & Spalding

Florida Enacts Transformative Tort Reform Legislation

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On Friday, March 24, 2023, Governor Ron DeSantis signed into law House Bill 837, providing an overhaul to tort law in the state of Florida. The new legislation makes transformative changes, including reducing the statute of...more

Rumberger | Kirk

Florida Tort Reform Now Law: Effective Upon Governor's Signature

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Governor Ron DeSantis signed HB 837 into law this morning after the Florida Legislature passed sweeping tort reform intended to bring long-overdue balance and transparency to tort litigation....more

Rumberger | Kirk

Potential Changes on the Horizon: Florida Legislature Proposing Significant Tort Reform

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The 2023 Session of the Florida Legislature will involve a number of significant proposed bills, including House Bill 837 which, among other issues, seeks to bring balance and transparency to tort litigation. On February...more

Pullman & Comley, LLC

Health Law From the Courts: Review of 2019 Connecticut Case Law

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Our annual survey of health law cases for 2019 includes a number of notable decisions affecting the practice of medicine and the delivery of other health care services in Connecticut.  These include the Connecticut Supreme...more

Pullman & Comley - Connecticut Health Law

2016 Round-Up: Key Decisions Affecting Connecticut Health Care Providers

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Connecticut state and federal courts faced a number of significant health care issues last year. We have summarized those cases that we think are particularly relevant to Connecticut hospitals, group practices and individual...more

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