Advocatemagazine.com

When a physician’s intentional misconduct is at issue

WEBWhere a hospital is being sued for incidents involving the sexual abuse of a patient, two statutes provide a potential basis for negligence per se claims. California Health & …

Actived: 8 days ago

URL: https://www.advocatemagazine.com/article/2014-november/when-a-physician-s-intentional-misconduct-is-at-issue

Independent medical providers: To lien, or not to lien

WEBInjured clients regularly obtain medical services on a lien basis to treat their injuries. Such services can range from those of physicians and surgeons to MRI/imaging providers to …

Category: Medical Go Health

Denial of medical care to those in custody

WEBTo state a claim under section 845.6 against a public employee, three elements must be established: (1) the public employee knew or had reason to know of the need (2) for …

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Issue-spotting in medical-malpractice cases

WEBCaps on non-economic damages to patients injured by medical malpractice will increase from $250,000 to $350,000 and will continue to increase over ten years to $750,000, …

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Using motions to compel and protective orders to stop the …

WEBInstead, plaintiffs should adamantly oppose any request for a protective order and not enter into one. Filing motions to compel, which forces the defendant to publicly disclose all of …

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ERISA: The current state of the standard of review

WEBChristian J. Garris. 2017 September. ERISA cases are a subset of insurance cases, although there is no bad faith or punitive damage claims; those are state-law remedies, …

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Arbitrating medical-malpractice cases

WEBAn arbitrator’s rate for a full day can range between $5,000 and $12,000 a day. If you are in arbitration for four days, which is an average length of time for a medical malpractice …

Category: Medical Go Health

Standard of care in residential care facilities for the elderly

WEB2014 November. The standard of care in residential care facilities for the elderly (RCFEs) can be somewhat confusing and is often thought to be the same as the standard of care …

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The nuts and bolts of Kaiser medical-malpractice arbitrations

WEBJennifer R. Johnson. 2022 September. While physician-patient arbitration agreements have generally seen a marked drop in popularity over the past several years, Kaiser …

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The nuts and bolts of Medi-Cal liens

WEBCode. § 14124.70 -14124.795.1) A “lien” is automatically created and “means the director’s claim for recovery, from a beneficiary’s tort action or claim, of the reasonable value of …

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MICRA and custodial neglect vs. professional negligence

WEBArya Rhodes. Arya Rhodes is an attorney at Schimmel & Parks, APLC, a law firm focusing on employment law, consumer class actions, rehab facility wrongful death, sexual …

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ERISA liens and self-funded plans

WEBDepending on which side you are standing, ERISA is either a positive or a negative. From the perspective of the self-funded ERISA plan, ERISA protects the interests of employee …

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Health care plan lien claim negotiation — Section 3040

WEBThe health plan then pays all or a portion of the itemized bill to the medical care treater. The code limits the health plan’s lien claim for noncapitated services to a sum that does …

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Dealing with hospital liens

WEBDealing with hospital liens. The Hospital Lien Act, Civil Code sections 3045.1-3045.6, including a checklist for negotiating HLA liens. Bruce Brusavich. 2019 November. …

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Loss of consortium

WEBLoss of consortium has also been referred to as a loss of “the noneconomic aspects of the marriage relation, including conjugal society, comfort, affection, and companionship.”. …

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The defense medical examination

WEBA defense medical examination is a routine and expected part of personal injury litigation. Too often, though, a DME is turned into a weapon wielded proudly (and …

Category: Medical Go Health

Resolving original Medicare’s lien rights

WEBThe lien rights are for benefits provided by original Medicare under Medicare Part A, hospitalization, and Part B, medical provider care, to an injured Medicare beneficiary. …

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The nuts and bolts of Medi-Cal liens

WEBThird-party tort injury medical bills paid by Medi-Cal are required to be repaid upon a monetary recovery by a Medi-Cal beneficiary from a third-party tortfeasor. (Welf. & Inst. …

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