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Introduction to Telebehavioral Health

AIHC

The lack of multistate licensure presents a barrier to telehealth because providers must obtain and uphold licensure (and the associated medical education and financial obligations) in multiple states. Obtaining informed consent with your patient is typically done before the first appointment.

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Update on No Surprises Act 2022

AIHC

EMTALA is triggered whenever a patient presents to the hospital campus, not just the physical space of the ED but within 250 yards of the hospital. Patients who present to a hospital parking lot, sidewalks, and adjacent medical buildings are mandated to undergo EMTALA screening and stabilization. Identify eligible cases.

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Always Liability Increases (ALI)?  Not Yet with Medical Monitoring.

Drug & Device Law

There was an insufficient time to discuss the Torts: Medical Malpractice draft. Also since 2019, Bexis has been of the view that this approach is misguided and that, since even the reporters conceded the law was split, the proper approach would be for the Institute to present both sides neutrally and not take sides. Didn’t happen.

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Suing the Certifiers – A Dangerous Undertaking

Drug & Device Law

Apparently, a fraudulent foreign-trained “doctor” treated the plaintiffs, none of whom claimed malpractice or any physical injury whatsoever. Anyway, this fraudulent “doctor” allegedly “touched them without informed consent” and caused them “emotional distress. 23 in its current form.

Doctors 52
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Confident Learned Intermediaries Defeat Warning Causation

Drug & Device Law

They’re experienced at what they do and aren’t intimidated by plaintiffs’ counsel and their threats of malpractice claims if they don’t testify the way plaintiffs want them to. procedure that existed at the time of [plaintiff’s] injury”; malpractice was “intervening cause”) (applying Kansas law); Eck v. Abbott Laboratories, Inc. ,

FDA 59
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No DTC Advertising Exception to Learned Intermediary Rule in Washington

Drug & Device Law

Doctors are charged with discussing the risks and benefits of treatment and obtaining informed consent from their patients. The proper cause of action in that case is not against the drug manufacturer but against the doctor for malpractice.

Doctors 69