Cooperscully.com

Cooper & Scully, P.C.

WebThis legislation is titled the “Pandemic Liability Protection Act,” and adds section 74.155 to the Civil Practice and Remedies Code. The new law provides …

Actived: 8 days ago

URL: https://www.cooperscully.com/news-and-resources/articles/liability-of-health-care-providers-amid-the-covid-19-pandemic-an-update

Penalties and Lawsuits for HIPAA and State Privacy Law Violations

WebOCR has already fined the hospital $387,000, a weighty fact which may come into play if the case proceeds to trial. Recent HIPAA and privacy law news reinforces the fact that …

Category: Health Go Health

Procedural Due Process in Consumer Healthcare Arbitrations in …

WebProcedural due process in consumer arbitration clauses was addressed in Armendariz v. Foundation Health Psychcare (2000) 24 Cal.4th 83, which deals with …

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Premises Liability vs. Safety Claim Against Healthcare Providers

WebNo. 14-14-00797-CV, 2016 Westlaw 208142 (Tex. App.—Houston [14 th Dist.], Jan. 14, 2016, no pet.), the plaintiff was an inpatient resident obtaining substance abuse …

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Texas Supreme Court Issues Two New Health Care Opinions

WebThe Texas Supreme Court recently released two opinions on the same day addressing issues involving Chapter 74 health care liability claims. In Lake Jackson Med …

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Cooper & Scully, P.C.

WebBy: Cory Sutker The Texas Supreme Court recently issued two opinions that have left a significant imprint on health care litigation. In the first opinion – Texas West Oaks …

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Texas Supreme Court and Fifth Circuit Issue Flurry of Opinions

WebBy: Kyle Burke, Diana Faust, and Michelle Robberson The Texas Supreme Court has been busy in 2016 issuing opinions on health care liability issues: analyzing …

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Texas Supreme Court Rules That Allegations of Fraudulent Medical

WebBy: Kyle Burke In most cases, there is little dispute whether claims against a physician or other health care provider are health care liability claims, for example, when a physician …

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HMOS AND HEALTH PLANS PRACTICE GROUP ERISA …

WebERISA § 502(a), as set forth in 29 U.S.C. § 1132(a). 5 29 U.S.C. § 1132(a)(1)(B). In addition, the Supreme Court has concluded that § 1132(a) has “such. extraordinary pre …

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A Texas Legislative Update: HB 1998 Increases Public Reporting

WebBy: John Faubion In the recent legislative session, Texas lawmakers passed a number of new initiatives impacting the health care industry and medical providers …

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Cooper & Scully, P.C.

WebJohn is a founding shareholder of Cooper & Scully. A highly skilled and experienced trial lawyer, John's hallmark is his dedication to client satisfaction. John has been selected to …

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Vicarious Liability Pleadings and the Chapter 74 Expert Report

WebBy: John Faubion In Texas, Chapter 74 of the Civil Practice and Remedies Code requires a claimant in a health care liability suit to serve expert reports against each defendant …

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UPDATE: Applying the Loaisiga Presumption to

WebBy: Ashley Nelson Chapter 74 of the Texas Civil Practice and Remedies Code sets forth requirements for lawsuits against health care providers. Generally, sexual assault claims …

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Cooper & Scully, P.C.

WebSince our founding in 1993, Cooper & Scully has grown into a formidable trial and appellate team of over forty lawyers. Through effective and cost-efficient services, our dedicated …

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Cooper & Scully, P.C.

WebBy: Miranda Roberts The Texas Supreme Court recently considered whether the Texas Medical Liability Act (“TMLA) expert report requirement was applicable to certain types of …

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Texas Legislative Update – Senate Bill 490 – Itemized Medical Bills

WebThe 88 th Texas Legislature passed, and the Governor signed, Senate Bill 490, which specifically mandates: A health care provider that requests payment from a …

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Cooper & Scully, P.C.

WebBy: Eric Hines In personal injury cases, parties routinely establish past medical expenses by affidavits that comply with Texas Civil Practice and Remedies Code section 18.001.

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Common Health Care Liability Liens

WebCOMMON HEALTH CARE LIABILITY LIENS Natalie S. Brackett Sabrina R. Karels Cooper & Scully, P.C. 900 Jackson Street, Suite 100 Dallas, TX 75202 214/712-9500 Fax …

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HANDLING SUBROGATION AND LIEN ISSUES IN SETTLING …

WebSubrogation. Contractual (or conventional) subrogation is created by an agreement or contract that grants the right to pursue reimbursement from a third party in …

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SIU/FRAUD: Red Flag!

WebFormal proceeding in which an insured is questioned under oath under penalty of perjury in the presence of a court reporter by an insurance company representative, which may be …

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