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Click Here for a copy of the unpublished decision.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.