COVID and Juror Attitudes About Science
Fresh from a mistrial due to COVID causing the jury panel to be deficient in number, I was thinking of some non-scientific observations about jurors, jury selection, and jury pools during our ongoing COVID era. Some juror’s attitudes have changed our jury venire and the possible areas of inquiry to [...]
Beware the Risk of the “Lapsed” License in Professional Licensure Actions
Despite practicing in only one state, many physicians maintain licenses to practice in multiple states. Some maintain active licenses in states where they no longer practice just in case they decide to return at some time in the future. Others allow the licenses to lapse and become inactive, having no [...]
Iowa Supreme Court Applies Statute of Repose to “Failure to Inform” Cases
In Downing v. Grossman, an April 2022 decision, the Iowa Supreme Court reaffirmed that medical malpractice plaintiffs may not use allegations of fraudulent concealment to employ equitable estoppel to eviscerate the operation of Iowa Code § 614.1(9)’s a statute of repose when the alleged fraudulent concealment goes to the very [...]
Don’t Let Medicaid Reimbursement Impact Settlements – SCOTUS Rules Medicaid Can Seek Reimbursement for Future Medical Expenses
The Supreme Court of the United States recently expanded the ability of states to recoup health care costs from accident victims under the Medicaid Act. The case, Gallardo v. Marstiller, involved injuries sustained by a plaintiff when she was hit by a motor vehicle as she stepped off a school bus [...]
No, You Don’t Have to Talk
When recently defending my physician client in a medical malpractice deposition, Plaintiff’s counsel started asking questions outside the lines. I objected and he immediately retorted back that I did not know the Rules of Evidence and that his questions were legitimate. He claimed certain testimony privileges only apply in criminal [...]
Strict Liability of Hospitals Under EMTALA
In 1986, Congress enacted the Emergency Medical Treatment and Active Labor Act (“EMTALA”), 42 U.S.C.S. § 395dd, which requires treatment of any person coming to an emergency department regardless of their insurance status or ability to pay. This is commonly referred to as the “anti-dumping” law. Although EMTALA is a [...]
About the Blog
Experienced legal professionals discussing medical malpractice issues of interest to health care providers, risk managers, and attorneys.
