Medical Malpractice Claims, Settlements and Verdicts, It’s All in the Numbers

Author: Joel I. Fishbein Medical malpractice lawyers, claims professionals and risk managers recently received comprehensive information from two sources about the medical claims environment in Pennsylvania during the 2011 year. First, in the 2012 Medical Malpractice Payout Analysis – Southeast Edition, a report released by Diederich Healthcare, we learned that data taken from the National…

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Social Media: Key Evidence in a Technology Driven Society

Author: Kimberly A. Potter “Social media” fifteen years ago was an unknown expression that has now infiltrated most people’s daily lives. The rise of social media outlets brings with it a host of issues forcing traditional legal concepts to evolve to keep pace with technology. The effect that Facebook, Twitter, LinkedIn, or MySpace (just to…

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Reassuring News on Debate Over New Pennsylvania Fracking Law And Whether Doctors Can Really Talk To Their Patients About Fracking Chemicals

Author: Karen L. Tucci On April 18, 2012, the Pennsylvania Medical Society (PAMED) released a statement on Act 13’s unconventional gas well disclosure requirements. Released by the president of PAMED, Marilyn J. Heine, M.D., a practicing oncologist and emergency medicine specialist from suburban Philadelphia, the statement acknowledges that Act 13 will allow patients to be…

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Infection Rates Down in Pennsylvania Hospitals

Author: Michael Gould Healthcare-associated infections (HAI) pose a significant public health challenge. They occur in a variety of ways at the hospital, often from surgical site infections. Though, they also include urinary tract infections from catheters or pneumonia from ventilators. The Centers for Disease Control and Prevention (CDC) estimates that 1.7 million patients contract HAI…

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Protect Your Assets: What are Cyber Threats

Authors: Stephanie Hedrick and Michael P. Gould This scenario has more than likely happened to all of us: You are quietly working on your computer, when all of a sudden a screen pops up, “Your computer has been infected.” “Last year the cost of global cyber crime was estimated to be 388 Billion USD –…

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Payment but not Remittance is Required to Secure MCARE Fund Coverage

Author: Marc L. Penchansky In order to defray escalating malpractice premiums, Pennsylvania established the Medical Care Availability and Reduction of Error (MCARE) Fund. 40 P.S. 1303.712. The MCARE Fund provides secondary coverage for professional liability claims. Participating health care providers are required to have $500,000 in primary liability coverage. The second $500,000 of liability comes…

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Loosening the screws on tort reform? NIED theory expanded in medical malpractice cases by the Pennsylvania Supreme Court

Author: Mary Beth Davis A plurality opinion from the Pennsylvania Supreme Court came down on December 22, 2011, which expanded the NIED claim (negligent infliction of emotional distress) by adding a fourth category of people who may recover and removing the physical impact element for this category of people. See Toney v. Chester County Hospital,…

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Happy Holidays!

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