The Health Law Firm

FEBRUARY 28, 2013

The author of this is article is Fred Shackelford, a legal research attorney with National Legal Research Group in Charlottesville, Virginia. In a case of first impression, the Montana Supreme Court has joined courts from many other states in recognizing a cause of action for negligent credentialing of a physician. In Brookins v. Mote , 2012 MT 283, P.3d (not yet released for publication), an expectant mother hired an obstetrician who maintained a practice in his home.

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The Health Law Firm

FEBRUARY 27, 2013

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. Our firm has been consulted recently by owners of different health care entities, including assisted living facilities (ALFs), group homes, home health agencies and even medical groups that had received Medicaid overpayment demands. Instead of requesting a formal administrative hearing to contest the overpayment assessment, they had failed to respond or only requested an informal hearing.

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The Health Law Firm

FEBRUARY 26, 2013

The author of this is article is Paul Ferrer, a legal research attorney with National Legal Research Group in Charlottesville, Virginia. Parties who secure a favorable judgment in federal court may be happy with the outcome but should not forgo seeking their recoverable costs as well. The Federal Rules of Civil Procedure specifically provide that "[u]nless a federal statute, these rules, or a court order provides otherwise, costs—other than attorney's fees—should be allowed to the pr

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The Health Law Firm

FEBRUARY 22, 2013

By Christopher E. Brown, J.D., The Health Law Firm, and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. This blog is the sixth in a series intended to provide a review of the basics of contracting for physicians and health professionals, primarily by discussing employment agreements. We will highlight many of the common provisions found in employment contracts, along with many of the mistakes and pitfalls that we see in our day-to-day practice.

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The Health Law Firm

FEBRUARY 18, 2013

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. The victims and survivors of the meningitis outbreak are now filing lawsuits against the physicians and clinics that administered the tainted steroids. According to an article in The Tennessean, on January 29, 2013, a husband who lost his wife to fungal meningitis filed the first lawsuit against a Nashville outpatient clinic.

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The Health Law Firm

FEBRUARY 14, 2013

By George F. Indest, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. A Winter Park, Florida, doctor pleaded no contest on February 11, 2012, to a racketeering charge. The charge stems from his arrest in a pill-mill probe in June 2010. The doctor’s arrest was one of the first in the Central Florida area relating to improper prescribing practices.

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The Health Law Firm

FEBRUARY 8, 2013

By George F. Indest, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. As of February 2013, there are 537 cases listed on the Office for Civil Rights’ (OCR) “Wall of Shame.” These are breaches of unsecured health information affecting 500 or more individuals. The reports of these breaches of patient confidentiality are required by the Health Information Technology for Economic and Clinical Health (HITECH) Act.

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