Professional Liability Advocate

Professional Liability Advocate

Category Archives: Healthcare

Subscribe to Healthcare RSS Feed

Florida Supreme Court Rulings Affecting Health Care Providers

Posted in Healthcare, Medical Malpractice, Professional Liability
1. It is well established that Florida physicians are required to report any adverse incident that occurs in their office to the Department of Health. Discovery of these reports is a patient’s constitutional right under Article X, section 25 of the Florida Constitution (Amendment 7). Now, it also appears that adverse incident reports to any… Continue Reading

Is This the End of Arbitration in Nursing Home Litigation?

Posted in Alternative Dispute Resolution, Healthcare
As anticipated, the Centers for Medicare & Medicaid Services (CMS) has released new regulations addressing the use of arbitration agreements in nursing home admission agreements applicable to facilities that participate in Medicaid and Medicare programs. However, the scope has far exceeded what was expected. The proposed regulations only sought to ban mandatory arbitration agreements as… Continue Reading

Obamacare in the Courtroom: In the Matter of Double Recovery

Posted in Healthcare, Insurance, Medical Malpractice, Professional Liability
The Patient Protection and Affordable Care Act (ACA), a/k/a Obamacare, was drafted to make health care and health insurance more affordable and more available to more Americans as well as to relieve some of the burden on Medicaid. However, the ACA also may have an impact on personal injury litigation. In particular, this legislation may… Continue Reading