Bar Exam Toolbox Podcast Episode 315: Listen and Learn -- The Breach Element of a Negligence Claim (Torts)
Podcast - Ohio State Senator Has a Bone to Pick with Court Ruling on Boneless Wings
Law School Toolbox Podcast Episode 318: Listen and Learn -- Negligence: Duties of Professionals and Children
Bar Exam Toolbox Podcast Episode 147: Listen and Learn -- Negligence: Duties of Professionals and Children
NGE OnDemand: Cybersecurity Issues and Standard of Care with David Wheeler
Law School Toolbox Podcast Episode 257: Listen and Learn -- The "Reasonable Person" Standard
Bar Exam Toolbox Podcast Episode 88: Listen and Learn -- Negligence Per Se
Key Points: Standard of Care: Patient assessment and discussion of procedures to be performed to evaluate the patient prior to surgery fall under the purview of the standard of care, not informed consent....more
The US Supreme Court heard oral arguments on Wednesday in the consolidated cases of Moyle v. United States, Case No. 23-726 and Idaho v. United States, Case No. 23-727. These cases asked the justices to consider whether the...more
Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate...more
Wyoming physicians are sometimes confronted with the awkward and difficult choice of whether to bring a colleague’s potentially unprofessional, unethical, or harmful conduct to light by making a report to a hospital’s peer...more
The new rules about chaperones for physicians in private practice (not hospitals or hospital-employed physicians) go into effect October 1, 2023. The rule is promulgated by the Medical Examining Board (MEB), which does not...more
Idaho’s new Virtual Care Access Act (the “Act”) amends Idaho’s existing law to make it easier to render telehealth in Idaho effective July 1, 2023. The requirements of the new Act are summarized below....more
On March 31, 2023, the United States District Court for the Eastern District of Pennsylvania dealt a blow to a trio of nursing home providers by denying their motion to dismiss a False Claims Act (FCA) claim brought by the...more
Telehealth practices can be tremendously helpful for patients who live in remote areas far from doctors. Telehealth can also protect healthcare providers and patients from exposure to infectious diseases. But telehealth...more
President Biden recently announced his Federal Fiscal Year Budget Proposal, which included a proposal to hold long-term care (LTC) facility owners accountable for noncompliant closures and substandard care. Specifically,...more
The President and his administration continue to tout their efforts to strengthen coverage for behavioral health care, including significantly increasing behavioral health spending and strengthening parity between physical...more
A seminal issue in many medical malpractice cases involves qualified expert opinions. Under Ohio law, obtaining such experts is a threshold matter for any medical claim;[1] notable legal safeguards exist to ensure that these...more
California AG Rob Bonta filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit in support of plaintiffs-appellees in Wit v. United Behavioral Health (“UBH”), where the district court found that...more
The American Board of Professional Liability Attorneys (ABPLA) defines “medical malpractice” as when a hospital, doctor, or other health care professional, through a negligent act or omission, causes an injury to a patient....more
As the number of COVID-19 cases increases exponentially, healthcare providers in the United States are bracing for an unmanageable number of critically ill patients. While it is impossible to predict to what extent the virus...more
In a win for healthcare providers, the Pennsylvania Supreme Court confirmed in Mitchell v. Shikora that evidence of the risks and complications of a surgical procedure may be admissible in a medical negligence case that does...more
Behavioral health claims administrators and plan sponsors alike may be looking more closely at their care guidelines—and how they are applied—after a federal court ruled in a California class action that a claims...more
On January 22, 2018, the Georgia House of Representatives adopted a Resolution recognizing telehealth as an important tool to improving access to health care in Georgia. One week later, the Georgia Senate recognized January...more
A physician in New Hampshire can now establish a valid doctor-patient relationship without needing a prior in-person exam. This is among several recent changes in New Hampshire’s telemedicine laws that offer new opportunities...more
The Federal District Court of the Western District of Texas has ruled against the Texas Medical Board and granted TelaDoc’s Motion for a Preliminary Injunction prohibiting the Texas Medical Board from enforcing new rules...more
On April 10, 2015, the Texas Medical Board (the “Board”) voted to adopt stricter regulations governing the practice of telemedicine, which were scheduled to go into effect June 3, 2015 (the “Revised Regulations”). The Board...more
In line with a nationwide movement, on April 21, 2015, Governor Fallin signed into law House Bill 1074, the Oklahoma Right to Try Act. The Act allows physicians to prescribe to terminally ill patients investigational drugs,...more
IBM's Watson, the natural-language processing computer perhaps most famous in popular culture for obliterating its opponents on a January 2011 evening of Jeopardy!, has more recently been making news in the healthcare...more
Like many federal statutes, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) contains a provision governing how the statute is designed to interact with similar or otherwise related state laws. When...more
The Office for Human Research Protections (OHRP) is extending the comment period for its Draft Guidance on Disclosing Reasonably Foreseeable Risks in Research Evaluating Standards of Care (Draft Guidance). Parties interested...more
On October 10, 2014, the United States Department of Justice (“DOJ”) announced a civil settlement agreement (the “Settlement”) with Extendicare Heath Services, Inc. and its subsidiary Progress Step Corporation (collectively,...more