Articles and Commentaries

From Private Practice to Hospital Employment: How Employing Physicians Impacts Hospital Liability for Physician Malpractice

Arbitration in the Long-Term Care Setting

Put ‘Em in Coach: Why an Appellate Attorney Should be Added to the Trial Team

Marc L. Penchansky. The Benchmark. Second Quarter 2012.

The U.S. Congress Should Legislate that “Never Events” Are Inadmissible in Medical Malpractice Lawsuits

Starlett M. Massey. The Benchmark. Second Quarter 2012.

Social Media: Key Evidence in a Technology Driven Society

Kimberly A. Potter. The Benchmark. Second Quarter 2012.

Recent Court Decisions Reaffirm the Validity of Nursing Home Arbitration Provisions

Miles, Amy; Penchansky, Marc. "Recent Court Decisions Reaffirm the Validity of Nursing Home Arbitration Provisions." Pulse, FHCA April, 2012. p. 5;16. Print. (originally published on Clear and Convincing Evidence)

What’s it Going to Take to get you into this Settlement? Effective Negotiation Skills for the Claims Professional

Michael P. Gould. The Benchmark. First Quarter 2012.

Just Emotion That’s Taken us Over?

Kara C. White. The Benchmark. First Quarter 2012.

The Amendments to Florida’s Mediation Procedures Rule

Amy L. Miles. The Benchmark. First Quarter 2012.

Warfel v.Universal: The case of the Vanishing Evidentiary Presumption of § 627.7073

Judd Goodall and Christopher Borzell. The Benchmark. First Quarter 2012.

Long Term Care Providers Receive Disparate Treatment from the Florida Supreme Court

Andrew, McCumber, "Long Term Care Providers Receive Disparate Treatment from the Florida Supreme Court," in PULSE, FHCA January 2012.

Fair Warning for all of us

Fred J. Hughes. The Benchmark. Fourth Quarter 2011.

Don’t Take Away my Error in Judgment

John F. McGreevey. The Benchmark. Fourth Quarter 2011.

Bad-Faith is Back in Florida’s Legislative Crosshairs

Judd W. Goodall. The Benchmark. Fourth Quarter 2011.

Quality of Care and Satisfaction On Long Term Care are on the Rise, But So Are Liability Claim Costs

Karen L. Tucci. The Benchmark. Fourth Quarter 2011.

Sex Abuse in the Foster Care System: Circumventing Agency Vicarious Liability

Potter, Kimberly. “Sex Abuse in the Foster Care System: Circumventing Agency Vicarious Liability.“ For the Defense, September 2011, Vol. 53. No. 9 (ISSN 0015-6884). Copyright ©2011, DRI. All rights reserved.

Rough Terrain – Navigating the Duty Owed Athletes in Sponsored Events

Potter, Kimberly. "Rough Terrain – Navigating the Duty Owed Athletes in Sponsored Events." Florida Defense Lawyers Association, Trial Advocate Quarterly, Volume 30 #3. Summer 2011. 13-18. Print.

A Radical Departure From the Duties Traditionally Owed by Physician to a Third Party

Stuart T. O'Neal. The Benchmark. Third Quarter 2011.

The Fair Share Act: Changes in Medical Liability Claims in Pennsylvania

Patrick J. Healey. The Benchmark. Third Quarter 2011.

Evaluating and Defending Medical Negligence Claims Against Hospitals

Derek M. Daniels. The Benchmark. Third Quarter 2011.

Wilson v. State Farm: One Small Victory for Primary Payers in the MSP Arena

Starlett M. Massey. The Benchmark. Third Quarter 2011.

Let’s Be Friends: When to File an Amicus Curiae Brief

Marc L. Penchansky. The Benchmark. Third Quarter 2011.

Possible Ways of Offsetting Liability for Acute Care Facilities in Medical Malpractice Cases in Pennsylvania

Kelly Rebar, Cathleen and Penchansky, Marc. The Litigation Counsel of America. 4 Litigation Commentary & Rev. 82 (May/June 2011). Online.

Sorry Seems to be the Hardest Word

Michael P. Gould. The Benchmark. Second Quarter 2011.

The National Practitioners Data Bank: Overcoming Challenges Before and After Settlement

E. Patrick Buntz and Starlett M. Massey. The Benchmark. Second Quarter 2011.

Pennsylvania and Florida Premises Liability Cases: Defenses To Be Remembered

Kelly Rebar, Cathleen and Massey, Starlett. The Litigation Counsel of America, 4 Litigation Commentary & Rev. 2 (January/February 2011). Online.

Long Term Care Facilities’ and Employees’ Responsibilities Under the Elder Justice Act

If Speech is Silver, then Silence is Golden?

Kara C. White. The Benchmark. First Quarter 2011.

Legal Lending

Kyleen A. Hudson. The Benchmark. First Quarter 2011.

Don’t Go Overboard: Limited Use of the Captain of The Ship Doctrine

Karen L. Tucci. The Benchmark. First Quarter 2011.

Court Allows Sanctions Award to Include Costs of Obtaining Award

Albert M. Rodriguez. The Benchmark. First Quarter 2011.

Electronic Communications Sent from Workplace May Not be Confidential

Mark B. Hartig. The Benchmark. First Quarter 2011.

Long-Term Care: DNRs, AEDs, and the Role of the Medical Director

When long-term care facility staff are faced with a 911 emergency situation, it can be difficult to determine whether a resident has a valid DNR in place before providing life sustaining medical care. Click here to read full article Massey, Starlett. Fall 2010 Florida Medical Director’s ...

The Eleventh Circuit Court of Appeals Cuts a Clear Passage in the Otherwise Murky Waters of the Medicare Secondary Payer Act

Amy L. Miles. The Benchmark. Fourth Quarter 2010.

New Trial on Damages Ordered After Jury Awards Expenses but No Pain and Suffering or Loss of Consortium

John F. McGreevey. The Benchmark. Fourth Quarter 2010.

Loser Buys

Michael P. Gould. The Benchmark. Fourth Quarter 2010.

Lawyers Baiting the Hook with Nursing Hours

Lourde, Kathleen. “Lawyers Baiting the Hook with Nursing Hours.”
American Health Care Association (AHCA), Provider. (November 2010): 23-38. Print.

Encouraging Fair Practices and Mutual Understanding Regarding Arbitration Agreements

In early 2010, Senator Steve Wise (R-Orange Park) approached the long-term care community with a concern about how arbitration agreements were being executed and utilized by health care providers. Long-term care providers agreed to work with the Senator to ensure that agreements are drafted in accor...

The Record on Appeal: What do you do when there was no court reporter?

Miles, Amy. “The Record on Appeal: What do you do when there was no court reporter?” Florida Bar Association The Florida Bar Journal (November 2010): Pages 38-41. Print.

Arbitration Agreements in Senior Care: An Update

Wankmiller, Joanne. “Arbitration Agreements in Senior Care: An Update.”
E-Flash for HC Risk Managers Copyright December 2010, Integro USA Inc. Print.

Can we Talk? Ex Parte Communication with Treating Physicians

Andrew McCumber. The Benchmark. Third Quarter 2010.

Florida’s Supreme Court considers two arbitration cases from the Second District Court of Appeal

Amy L. Miles. The Benchmark. Third Quarter 2010.

Ruling Outside the Box- The Pennsylvania Superior Court Extends the Corporate Liability Theory to Nursing Home Cases

Stuart O'Neal. The Benchmark. Third Quarter 2010.

Unwavering: Should the Peer Review Privilege be Successfully Waived

Marc L. Penchansky. The Benchmark. Third Quarter 2010.

The Broad Extension of Hospital Liability

Massey, Starlett; Daniels, Derek. “The Broad Extension of Hospital Liability.” Professional Liability Defense Quarterly vol. 2 (Spring 2010): Pages 1, 6-11. Print.

Breaking Up Is Hard To Do – Defending A Theft of Trade Secrets Claim

By Kimberly Potter, "Breaking Up Is Hard To Do – Defending A Theft of Trade Secrets Claim." Florida Defense Lawyers Association, Trial Advocate Quarterly, Volume 29 #2