Midwest Medical Legal Advisor2018-06-14T12:19:19-05:00

Midwest Medical Legal Advisor

The Midwest Medical Legal Advisor provides legal information for healthcare providers and administrators, malpractice insurance professionals, and attorneys.

15Jun, 2022

Strict Liability of Hospitals Under EMTALA

By |June 15th, 2022|Categories: LDM MedMal Forum, Litigation Tips, Medical Malpractice, Midwest Medical Legal Advisor|Tags: , |0 Comments

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 [...]

6Jun, 2022

Billed v. Paid Medical Expenses: The Retail Price Isn’t Always the Fair and Reasonable Value of Medical Services

By |June 6th, 2022|Categories: LDM MedMal Forum, Litigation Tips, Medical Malpractice, Midwest Medical Legal Advisor|Tags: , |0 Comments

In Nebraska, comparing what is charged in medical expenses to what was actually accepted as a complete payment of those medical expenses, including the patient deductible, is important in litigating every medical malpractice case. The measure of recovery for medical expenses is the reasonable value of the medical services rendered. [...]

25May, 2022

One Size Does Not Fit All – The Locality Rule in Nebraska

By |May 25th, 2022|Categories: LDM MedMal Forum, Litigation Tips, Medical Malpractice, Midwest Medical Legal Advisor|Tags: , |0 Comments

As medical malpractice defense attorneys, we are often asked: Will the opposing party be able to find an expert to support what is believed to be a baseless claim of malpractice? We must respond that we do not know, but in the United States usually if you are willing to [...]

9May, 2022

Iowa’s Certificate of Merit Statute Has Teeth

By |May 9th, 2022|Categories: LDM MedMal Forum, Litigation Tips, Medical Malpractice, Midwest Medical Legal Advisor|Tags: , |0 Comments

In 2017, Iowa enacted a statute that aimed to dismiss meritless medical malpractice actions early in the case.  The statute, Iowa Code § 147.140, requires that a plaintiff provide a certificate of merit signed by an expert within 60 days of the defendants’ answer.  The certificate must address the standard [...]

4May, 2022

Five Do’s and Don’ts of Deposition Preparation

By |May 4th, 2022|Categories: LDM MedMal Forum, Litigation Tips, Medical Malpractice, Midwest Medical Legal Advisor|Tags: , |0 Comments

Giving a deposition is a form of communication that is usually completely foreign to health care providers.  The surgeon who is in complete control of her operating suite may find herself utterly lost in a conference room surrounded by attorneys.  Some physicians become old hands at giving depositions, but for [...]

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