The Midwest Medical Legal Advisor provides legal information for healthcare providers and administrators, malpractice insurance professionals, and attorneys.
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 [...]
Billed v. Paid Medical Expenses: The Retail Price Isn’t Always the Fair and Reasonable Value of Medical Services
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. [...]
One Size Does Not Fit All – The Locality Rule in Nebraska
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 [...]
Iowa’s Certificate of Merit Statute Has Teeth
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 [...]
Five Do’s and Don’ts of Deposition Preparation
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 [...]
August Reflections on the “July Effect”
Now that we are safely in mid August, I feel comfortable addressing the so called “July effect” without causing a mass exodus of hospital patients from their hospital beds. What is the July effect you ask? It’s the alleged rise in medical mistakes that coincidentally (or not) coincides with the [...]