With increased reliance on telemedicine, many physicians question whether the elimination of in-office, face-to-face patient encounters increases their potential medical practice liability risks. Approximately 90% of health care organizations use or plan to implement telehealth platforms. In states permitting telehealth, 95% of large employers offered telehealth to employees for minor, non-urgent services in 2018.
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You Had Me at “I’m Sorry”: The Impact of Physicians’ Apologies on Medical Malpractice Litigation
Physicians typically recall, with stunning clarity, the moment a patient’s treatment went wrong. Following an adverse event, physicians often are tormented by competing desires to apologize and instincts to forge ahead without acknowledgement. A patient’s decision to file a malpractice action may be triggered by the physician’s response to a problem − or lack thereof.
The Washington Post highlighted contrasting tales of medical errors in which two patients suffered devastating consequences during surgery. Frustrated by a “white wall of silence” preventing her health care providers from articulating more than “’things didn’t go well,’” the first patient desperately committed to finding truth at all costs. In stark contrast, following his surgeon’s immediate explanation and apology for an error that rendered the second patient quadriplegic, the patient engaged in productive discussions with risk managers. The patient’s needs were met and his attorneys negotiated a confidential settlement without litigation.Continue Reading You Had Me at “I’m Sorry”: The Impact of Physicians’ Apologies on Medical Malpractice Litigation
Qualified Immunity and Deadly Car Chases: Is the Pendulum Heading the Other Way?
The past several years have seen a slew of high-profile excessive force cases against law enforcement officers, often highlighted by cell phone video. These cases have placed increasing pressure on local police departments, which continue to struggle with balancing the public interest in community safety against the individual rights of suspects on the street. At the highest level of the legal landscape, however, the United States Supreme Court recently issued a decision that arguably expands the qualified immunity defense, at least in certain kinds of deadly force cases.
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Who Does an Insurance Broker Serve? Somebody!
The year was 1979 when Bob Dylan’s song “Gotta Serve Somebody” was released on his album Slow Train Coming: “It may be the devil or it may be the Lord, but you’re gonna have to serve somebody.”
While Dylan’s theme of determining who you serve was unrelated to insurance brokers, the New York Court of Appeals recently clarified and distinguished its own 1979 opinion in Mighty Midgets v. Centennial Ins. Co., 47 N.Y.2d 12, which held that notice of a claim provided to an insurance broker could be sufficient to notify an insurer of a claim. The insured in Mighty Midgets, a non-profit youth football organization led by a young volunteer president, was told by its broker not to report the injury to the league’s liability insurer because the family of an injured minor was only looking for medical expense payments. When a lawsuit was served, the insurer denied coverage. The Court held under the circumstances that it was not “practicable” to notify the insurer until the lawsuit was served and overturned the denial of coverage for late notice.
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Surf’s Up: The Wave of High-profile Privacy Class Actions
Businesses have revolutionized the way they reach customers. Through computers, smart phones, iPads and a host of other technologies, we can now make purchasing decisions from the comfort of our homes. All we need to do is enter our personal information and our credit card data, and one click later that product magically appears at our doorstep, ready to be used.
But the convenience brought to us by the technological revolution comes with its vices. Our personal information is handed over to businesses, sometimes without our knowledge, and those businesses can then track our online activities, ranging from websites we frequent, to what products we purchase, to what we “mouse-over,” and a host of other things. They then store that information to one day use to their advantage in marketing efforts.Continue Reading Surf’s Up: The Wave of High-profile Privacy Class Actions