In the Boardroom With Resnick and Fuller - Episode 3
In the Boardroom With Resnick and Fuller - Episode 1
The Sanity of Bank Directors
The Insider Trading Cartoon Series, Vol. 13 -- The Barry Switzer Story
Internal Investigations: The Impact of the Yates Memo, the FCPA Unit Pilot Program and Recent Legal Decisions
Variables Affecting Medical PL Settlement Values
Prior & Pending Litigation
Homebuilder Series Webinar: Fiduciary Duties & Auditor Liability
Claims: Government Investigations, Enforcement and Triggering Insurance Coverage Under D and O Insurance
The United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, has held that a letter notifying the insured of the sender’s intent to file a joinder complaint, i.e., a third-party claim,...more
A recent article in the Journal of the American Medical Association (JAMA) triggers a question as to whether the standard of care to evaluate claims for medical malpractice should be changed. For decades, the New Jersey Model...more
Physicians and other healthcare providers often find themselves in situations in which they no longer want to care for a patient. It may be that the patient is disruptive, noncompliant, or is unable or refuses to pay for his...more
Over the past 30 years, the Michigan legislature has enacted several tort reform laws affecting medical malpractice, wrongful death and other personal injury cases. The goals of these reform laws, and particularly those...more
Last month, in Mertis v. Oh, the Supreme Court of Pennsylvania held that a physician subpoenaed for deposition in a malpractice case does not have unfettered discretion in choosing his or her attorney. Rather, the Supreme...more
Almost two years ago, Governor Gavin Newsom signed Assembly Bill (AB) 35 into law, reforming California’s Medical Injury Compensation Reform Act (MICRA) of 1975. As discussed in this previous blog about MICRA reform, the...more
A new study shows that approximately 371,000 people die and 424,000 sustain permanent disabilities due to diagnostic error, including brain damage, blindness, loss of limbs or organs or metastasized cancer....more
Hosted by the American Conference Institute, the 21st Annual Advanced Forum on Obstetric Malpractice Claims returns in June with curated content that will ensure that you stay current on the evolving standards of care,...more
Data breach class action litigation continues to occupy center stage in the ongoing struggle to secure compensation and redress for legitimate victims of actionable cybersecurity shortcomings of data owners. The underlying...more
In a setback for Pennsylvania health care providers, the Supreme Court of Pennsylvania approved an order amending the rules pertaining to the venue in which medical malpractice suits may be brought. The Pennsylvania Rules of...more
Healthcare facilities exposed to pressure injury litigation too often fail to defend patient malpractice claims because they cannot prove that caregivers provided reasonable turning and repositioning to prevent skin breakdown...more
Since the issuance of the Dobbs decision, there’s been significant discussion by lawyers, philosophers, healthcare providers and political leaders. The ruling has created uncertainty and confusion for those working in the...more
On May 17, 2022, in Thapa v. St. Cloud Orthopedic Associates, a federal jury awarded a landmark $111 million in damages to a patient due to St. Cloud Orthopedic Associates’ (SCO) alleged failure to diagnose and appropriately...more
The case has rocked the medical profession. On March 25, 2022, a Tennessee jury found a former Vanderbilt University Medical Center nurse guilty of criminally negligent homicide and negligent abuse of an impaired adult....more
The Supreme Court of Appeals of West Virginia issued a new opinion that finds that litigants cannot characterize claims as “corporate” or “general” negligence in an attempt to circumvent the West Virginia Medical Professional...more
Virtual Forum on Obstetric Malpractice Claims is taking place on November 18th EST. During this one-of-a-kind event, our unparalleled faculty of claims specialists, risk managers, medical experts – as well as an outstanding...more
The use of telehealth continues to grow rapidly across the U.S. Given legislative proposals and the Centers for Medicare & Medicaid Services efforts to expand access to telehealth, we can only anticipate that remotely...more
The West Virginia Supreme Court issued a new memorandum decision which broadly interprets the scope of the West Virginia Medical Professional Liability Act, applying it to entities who were not recipients of health care...more
As healthcare becomes more technology-driven, the traditional understanding of what constitutes a “heathcare provider” has been blurred. Computers and related electronic equipment, supported by legions of technicians and...more
On December 22, 2020, the Supreme Court of Pennsylvania issued an opinion in Leight et al v. University of Pittsburgh Physicians et al, Supreme Court of Pennsylvania, No. 35 WAP 2019 determining the extent to which...more
The Supreme Court of New Jersey unanimously held in Linda Cowley v. Virtua Health System (A-47-18) (081891) that the “common knowledge” exception of the Affidavit of Merit Statute applies only when a simple negligence...more
On May 8, 2020, Alabama Governor Kay Ivey issued a proclamation that curtails potential liability of businesses and health care providers resulting from COVID-19 transmissions as well as from the impacts of a business’s or...more
On April 17, 2020, Massachusetts bill S. 2640 was signed into law by Governor Charlie Baker. The law provides certain liability protections for the acts or omissions of defined health care professionals, health care...more
Tuesday evening, April 14, 2020, New Jersey Governor Murphy signed into law Bill No. S2333, which provides health care professionals, facilities, and systems civil immunity for care given to those affected by COVID-19. The...more
Governor Murphy signed a number of bills into law on Tuesday, April 14, 2020 to help mitigate various negative impacts of the COVID-19 pandemic. The selection below illustrates new laws that specifically seek to facilitate...more