Professional Liability Advocate

Professional Liability Advocate

Tag Archives: arbitration

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

Arbitration of Nursing Home Suits: Take Two

Posted in Alternative Dispute Resolution, Medical Malpractice
Quasi Tort Reform in Nursing Home Litigation Is on the Way! Last fall, I posted a blog about the national trend of including arbitration provisions in nursing home admission agreements. This trend peaked following the U.S. Supreme Court’s decision in Marmet Health Care Center v. Brown, 132 S.Ct. 1201 (2012), in which the Court determined… Continue Reading