I vividly recall attending the Bronx Bar Association Dinner last fall when it was announced that the Centers for Medicare & Medicaid Services (CMS) would ban pre-dispute arbitration provisions in nursing home admission agreements as of November 28, 2016. This news was relayed to me by a Bronx Supreme Court judge who had denied my very first motion to compel arbitration under such a provision. That denial ultimately was reversed on appeal.
Continue Reading Ding Dong the Arbitration Ban Is Dead!

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 Patient Safety Organization (PSO) under the federal Patient Safety and Quality Improvement Act of 2005 (PSQIA) are most likely discoverable following a recent Florida Supreme Court decision.
Continue Reading Florida Supreme Court Rulings Affecting Health Care Providers

A cropped shot of an elderly woman sitting at a table and signing a document

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 a condition of admission. The actual regulations prohibit “pre-dispute” arbitration agreements instead.
Continue Reading Is This the End of Arbitration in Nursing Home Litigation?

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 serve to reduce awards for the cost of future medical care, while preventing plaintiffs from obtaining a double recovery as they do often today, consisting of an award of the predicted costs of future care and the benefits of ongoing health insurance that is often available for that care.
Continue Reading Obamacare in the Courtroom: In the Matter of Double Recovery

3D printing headAdvances in medical technology have made it possible to interpret x-rays from half way around the world, perform surgery through robots and diagnose dermatological conditions via Skype. Today we are on the cusp of further developments that will allow medical technicians to use 3D printers to generate medical devices, prosthetic limbs, and body parts and organs. While the technology is moving forward rapidly, the societal, ethical and legal debates are only beginning and will need to catch up quickly.

Additives manufacturing or process, a.k.a. 3D printing, provides a method for an object designed on a computer to be “printed” in plastic in a three-dimensional form. I read about this technology in a New York Times story about a new way to manufacture guns to get them past airport security. While this concept is certainly scary, there are obvious potential benefits from this technology in many fields, including the possibility of one of the greatest impacts on the medical community in history.

Continue Reading 3D Printing in Medicine – Now?