In a June 5, 2017 decision, the U.S. Supreme Court held that benefit plans covering employees of church-affiliated hospitals were “church plans,” and hence not subject to ERISA, despite not being “established” by a church. The decision, Advocate Healthcare Network v. Stapleton, ___U.S.___, 2017 U.S. LEXIS (U.S. June 5, 2017), reverses a recent trend in […]
Ambulance vs. Paratransit Services – Walking a Fine Line
It seems almost common sense that an ambulance can transport a patient, right? Well in some circumstances it is not that simple. In other words, while ambulances are granted a fair amount of deference to transport patients, if the particular transport falls within the jurisdiction of the Public Utilities Commission (“PUC”), the ambulance service may […]
Legal Implications of Electronic Medical Records (EMR) Documentation for Nurses: “Charting” a Better Course
As a medical malpractice defense attorney, I can attest to the important role that medical records play in defending medical negligence lawsuits, especially charting that is done by nurses. Considering that a patient has two years in which to file a medical malpractice lawsuit after the alleged wrongdoing, charting becomes extremely important to defending those […]
Knowing when to say you’re sorry – The Benevolent Gesture Medical Professional Liability Act
In Pennsylvania, the Benevolent Gesture Medical Professional Liability Act provides a level of protection to health care providers seeking to reach out to patients and family members after a less than optimal medical course. In essence, this law excludes from evidence any apology, explanation or similar statement made by a health care provider, prior to […]
Trending Topics in Nursing Depositions
As a medical malpractice defense attorney, I have attended many nursing depositions over the years. A deposition is a question and answer session where the opposing attorney gets to ask the nurse-witness a wide variety of questions about the care that he or she gave to a patient. As I sit through these depositions, I […]
Jones v. MetroHealth – Ohio Court Reduces Damages under Affordable Care Act
Recently, an Ohio court, in Jones v. MetroHealth, Cuyahoga County Court of Common Pleas Case No.757131, recognized an argument by a defendant healthcare entity, reducing an award on the basis of the Affordable Care Act. The relevant arguments as to the Affordable Care Act’s limitations took place in this case in the context of a […]
Supreme Court Upholds Bright-line Rule Prohibiting Discovery of Communications Between attorneys and expert witnesses
In Barrick v. Holy Spirit Hospital, 91 A.3d 680 (Pa. 2014), an evenly divided Supreme Court effectively upheld a Superior Court en banc decision recognizing a bright-line rule prohibiting discovery of communications between attorneys and expert witnesses. This decision was followed by the December 15, 2014 formal adoption of a previously proposed amendment to Pa.R.C.P. 4003.5, governing the discovery of expert testimony and trial preparation material. The amendment added the following new subsection (a)(4) to the Rule:
Potential Defense under the Affordable Care Act
Given the expanded medical coverage provided for under the Affordable Care Act (“ACA”), the question has arisen as to the effect of this coverage on a personal injury plaintiff’s ability to recover future medical costs. Specifically, the ACA mandates all persons to carry health insurance and precludes insurance companies from denying coverage based on pre-existing […]