Medical Liability and Health Care Law

The “Standard of Care” for Medical Liability and Health Care attorneys: that is the Medical Liability and Health Care Law Committee's mission. We want our Committee membership services, seminars and publications to become the “Standard of Care” for attorneys representing the health care professions. This Committee began with a focus on traditional medical malpractice litigation. Over the years, as the practice has evolved, we have expanded our scope to address the needs of other medical professionals (e.g., chiropractors, pharmacists, physical therapists, podiatrists). Further, we changed the name of the Committee to recognize the growth of the health care law field and added content to our seminars and publications to serve that need.

We produce two seminars each year, the Medical Liability and Health Care Law Seminar and the Nursing Home/ALF Seminar, and co-produce (with the Trial Tactics Committee) the Complex Medicine Seminar. Special features of these seminars include Specialized Litigation Groups (SLGs), breakout sessions covering pharmacy litigation and obstetrical medicine, and Young Lawyer breakout sessions covering the nuts and bolts. These seminars are the preeminent seminars in their areas and are well attended by bar leaders and industry representatives. In addition, we have produced DRI teleconferences.

The Committee’s publications are tailored to be relevant to your day-to-day practices. Our quarterly newsletter, The MedLaw Update, covers current issues facing attorneys and their clients and to provide substantive articles and case summaries. Traditionally, in the November edition of For The Defense, our members offer a collection of articles providing an in-depth analysis of issues and trends in the medical and health care law fields, and our Publications Chair, Summer Stevens, will be seeking contributors for upcoming editions. Last, our HIPAA Best Practices for Defense Lawyers publication has been well received and will be updated in the near future.

Our Expert Witness Chair coordinates an e-mail exchange of inquires and information about experts among the 1,300 Committee members. This is an excellent tool to keep current on the new plaintiff’s experts and to obtain information about experts disclosed by the plaintiff’s attorney in your cases. But, this excellent e-mail exchange also serves a forum; members post inquiries of all kinds and swap useful information. The best part is that it’s a service free to Committee members. Just sign up and join in.

As you can see, we are a dynamic Committee with many opportunities to participate in the workings of the Committee. While our membership has surpassed 1,300, there is always room for more. We put the motto “many hands make light work” into practice and put people to work who want to work. The members of the Committee are quality individuals who enjoy working with each other and participating in the social benefits that arise out of the Committee’s activities. We truly like and help each other, and there is wonderful cross-marketing that takes place.

E-News Flash

Lawyers USA (3/3) reported, "A federal rule change slipped into effect in the waning days of the Bush administration could cripple nursing home malpractice litigation" because it "classifies state nursing home inspectors and Medicare and Medicaid contractors as federal Health and Human Services employees, and allows them to testify in third-party lawsuits only with the approval of the federal agency's head." Eric Carlson, an attorney at the National Senior Citizens Law Center in Los Angeles, said, "For litigation purposes, you might have to slog through the same process that anybody in the public would go through, plus you're not going to get a lot of surveyors' notes and observations, a lot of which was previously available." Mark Kosieradzki, a personal injury attorney, said, "What we've seen as a practical matter is that state employees can't be called to testify, and the defense bar is now trying to preclude the admission of those state investigation reports as hearsay."

Minnesota COA's Decision in 145.682 Case

This morning the Minnesota Court of Appeals held that an alleged failure to prescribe medication constitutes medical malpractice and is subject to the Minnesota statute governing expert review of such actions. In doing so, the court rejected the plaintiff's attempt to characterize the claim as negligent supervision.  According to the court, dismissal was appropriate given that the plaintiff had failed to establish that the standard of care applicable to the defendant hospital, clinic, and doctors was within a layperson's general knowledge and therefore exempt from the expert-review statute, Minn. Stat. 145.682.  Accordingly, the appeals court affirmed the trial court's dismissal of all claims.

Click Here for a copy of the unpublished decision.

 

DRI Nursing Home/ALF Litigation Seminar, September 10-11

DRI’s Nursing Home/ALF seminar is the preeminent seminar for those defending long-term care claims (LTC) across the country. We will again host numerous industry counsel meetings, making this seminar one of the few opportunities for providers, insurers, risk managers and counsel to meet in a fantastic venue to exchange practice-relevant ideas and information, network and obtain CLE credit. The content of the seminar has once again been carefully chosen based on attendee feedback. We are pleased to feature a number of nationally recognized medical professionals who will focus on the central medical issues in most long-term cases filed today, identifying and developing the liability and causation defenses presented by those medical issues. Be sure to register now to ensure your place at this cutting-edge seminar at the Westin Kierland in Scottsdale, Arizona.

CLICK HERE for more information and to register online.

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Links of Interest

Committee Chair

Philip L. Willman

Moser and Marsalek

(314) 244-2278
E-Mail: pwillman@moser.com

Committee Vice-Chair

Ted J. McDonald, III

McCormick Adam & McDonald

(913) 647-0670
E-Mail: tmcdonald@mam-firm.com

Seminar

Medical Liability and Health Care Law

Thursday, February 11, 2010
Arizona Biltmore
Phoenix, AZ

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