Health Law MonitorLitigation and medical malpractice defenseCCPA in Professional Liability ClaimsAugust 21, 2024 In an effort to get around the American Rule of no recovery for attorney fees on negligence claims, an avenue sometimes explored is the addition of a claim under the Colorado Consumer Protection Act, C.R.S. §6-1-101 et seq. The Act provides for recovery of attorney fees by a successful plaintiff (but not a successful defense unless the claim is frivolous), and treble damages. C.R.S. §6-1-113(2).… The Fourth Circuit Rejects Pre-Suit Notice and Screening Requirements in Medical Professional Liability ActionsNovember 28, 2023 West Virginia’s Medical Professional Liability Act (“MPLA”), W. Va. Code § 55-7B-1, et seq., implements tort reform in medical malpractice actions. Pursuant to the MPLA, plaintiffs must serve two documents, a Notice of Claim and Screening Certificate of Merit, on each health care provider they intend to sue at least thirty days prior to filing a medical professional liability action.[1] The… Supreme Court of Appeals of West Virginia Upholds Peer Review PrivilegeJune 16, 2023 The Supreme Court of Appeals of West Virginia issued a new opinion affirming the ban on discovery and use of peer review under West Virginia Code §30-3C-3. In an opinion by Justice Bunn in Toler v. Cornerstone Hospital of Huntington, No. No. 21-0830 (June 15, 2023), the Court held that the trial court correctly ruled that the plaintiff was not entitled to obtain an incident report related to a… IMPACT OF LICENSING BOARD COMPLAINTS ON MALPRACTICE CLAIMSAugust 3, 2022 Licensing boards provide consumer protection in the form of regulation, but do not provide compensation. Patients who claim harm from malpractice use the civil court system to seek compensation. Board complaints are sometimes used by claimants to further a malpractice claim. The potential of civil liability is an important consideration when handling a board action, highlighting the need for… WV Supreme Court Reinforces Mandatory Pre-Suit Requirements in Medical Professional Liability ActionsJuly 12, 2022 West Virginia’s Medical Professional Liability Act (MPLA), W. Va. Code 55-7B-6(b), provides that at least thirty days before filing suit, a claimant must serve two pre-suit documents - a Notice of Claim and a Certificate of Merit - on each health care provider they intend to sue. Timely compliance with the statute can “toll” or extend the applicable statute of limitations. In Adkins v. Clark, No.… The Right to Recover Pre-Majority Medical ExpensesAugust 20, 2021 Under Colorado law, the statute of limitations applicable to a minor’s cause of action for medical negligence does not begin to run until the minor reaches the age of eighteen, unless the minor has a court-appointed legal representative.1 An injury to a minor child essentially generates two separate causes of action: one for the pre-majority medical expenses; and one for post-majority medical… Preparing for the Implementation of West Virginia's Physician Assistants Practice ActJune 30, 2021 The West Virginia Legislature passed Senate Bill 714 (“SB 714”) on April 9, 2021. The Governor signed the bill on April 21, 2021, and it will become effective on July 8th, 2021. SB 714 amends certain provisions relating to the Physician Assistants Practice Act.1 The key amendments are summarized below:
Documenting the Standard of Care during a PandemicMarch 11, 2020 The Coronavirus (COVID-19) is spreading through the United States, and the CDC is forecasting continued infection. More and more people could develop symptoms and arrive at hospitals for help. So, what do we know about the standard of care for healthcare providers in these scenarios? In most states, standard of care is defined by statute and is typically described as that level of care that a… WV Supreme Court Dismisses Medical Professional Liability Claim Where Patient Left AMANovember 11, 2019 In Kruse v. Farid, Slip. Op. No. 18-0464 (W.Va. Nov. 8, 2019), the Supreme Court of Appeals of West Virginia affirmed summary judgment “finding that [the defendant physician] did not have a duty to provide follow-up medical care after Ms. Kruse left Raleigh General Hospital against medical advice (‘AMA’).” After Dr. Farid performed a procedure which included the placement of stents that had to be… West Virginia Legislature Clarifies 1% Assessment Pursuant to W. Va. Code § 29-12D-1aMay 21, 2018 Since W. Va. Code § 29-12D-1a went into effect on July 1, 2016, there has been disagreement among counsel as to which party is responsible for paying the 1% assessment when a medical malpractice case is settled prior to trial. According to W. Va. Code § 29-12D-1a(c)(3) (2016), “[f]or any assessment levied pursuant to this subsection on a settlement entered into by the parties, the date on which… West Virginia Supreme Court Clarifies Statutory Peer Review PrivilegeFebruary 17, 2016 On February 9, 2016, the West Virginia Supreme Court (“Supreme Court”) decided State ex rel. Wheeling Hospital, Inc. v. Wilson, No. 15-0558 (W. Va. February 9, 2016), which took up the issue of the Peer Review Privilege codified at W. Va. Code § 30-3C-1 et seq. In clarifying the meaning of the language contained in West Virginia’s Peer Review Statute, the Supreme Court recognized “an urgent need… SCOTUS Rules In Favor Of ACAJune 25, 2015 In the landmark case of King v. Burwell, the United States Supreme Court has upheld the ability of federally-run insurance exchanges to offer federal subsidy monies to Americans seeking health coverage under the Affordable Care Act. The vote was 6-3, with Justices Alito, Scalia, and Thomas dissenting. Justice Kennedy joined Chief Justice Roberts and the majority from the National Federation of… |
|
© 2024 Jackson Kelly PLLC. All Rights Reserved.