CMS Dismantles Binding Arbitration in Nursing Homes

Choosing to put a loved one into a care facility, whether that be an around-the-clock nursing home or a semi-independent assisted living facility, is a difficult and emotional process. For some it may be a relief that an aging loved one will receive the care that they need. Leaving them in the care of strangers at… Learn More »

Court Rules Insurance Company Erred in Washington Bad Faith Case

A story out of Washington State last week offers a good example of possible bad faith insurance practices. Four years ago, Evelyn Bushnell was admitted to a nursing home in Kirkland, Washington after suffering a stroke.  Despite having a nursing home policy since 1986 from Medico Insurance Company, she was denied coverage. The company defended… Learn More »

HIPAA Bars Defense Attorney From Interviewing Doctors in Medical Malpractice Action

A defense attorney has violated rules of the Health Insurance Portability and Accountability Act (HIPAA), ruled the Georgia Supreme Court. The defense attorney had ex parte communications with the plaintiff's prior treating physician. The defense lawyer informally asked about the patient's medical condition after getting his medical records from three previous doctors. The doctor has… Learn More »

United States Supreme Court to Review Punitive Damage Award Against Philip Morris in Oregon Smoker Case for Third Time

Discussing the U.S. Supreme Court’s decision to again review a punitive damage award to an Oregon smoker.

Oregon Legislative Panel Formed to Consider Tort Law Overhaul After Clarke v. OHSU Decision of the Oregon Supreme Court

Describes recent panel appointed by Oregon legislature to review Oregon tort laws.

Oregon Medical Malpractice Statute of Limitations Upheld

Reports on decision upholding Oregon medical malpractice statute of limitations

The Supreme Court Punitive Damages Decision in Philip Morris – Good for Plaintiffs?

On its face, the United States Supreme Court’s Philip Morris v. Williams decision earlier this year tossing out a $79.5M punitive damage award in an Oregon smoking case where the compensatory damages were $821,000, was seen as a victory for big business in limiting punitive damage awards. However, New York personal injury lawyer, Eric Turkewitz… Learn More »