Sebble v. St. Luke’s #2, LLC, 2023-00483 (La. 10/20/23): Gross Negligence Standard of La. R.S. 29:771(B)(2)(c) Inapplicable
By Magdalena Majka and Bruce Cranner A recent opinion from the Louisiana Supreme Court interprets the Louisiana Health Emergency Powers Act (LHEPA) and clarifies that La. R.S. 29:771(B)(2)(c) – the LHEPA section providing for the modified standard of gross negligence – does not apply in the medical review panel process conducted under the Louisiana Medical […]
Civil Monetary Penalties relating to Medicare and Medicaid Services
By Bruce Cranner The Centers for Medicare and Medicaid Services (CMS) has finalized and published the rule specifying how and when it will calculate and impose civil monetary penalties (CMPs) when Group Health Plan (GHP) and Non-Group Health Plan (NGHP) Responsible Reporting Entities (RREs) fail to meet their Medicare Secondary Payer (MSP) reporting obligations. The […]
Touhy Requests
If you are involved in litigation and need to obtain official information, such as documents or testimony, from a Government agency or department, you may need to submit “Touhy Requests” to that particular agency or department. Named after the Supreme Court case, United States ex rel. Touhy v. Ragen, 340 U.S. 462, 468 (1951), a Touhy Request is […]
Ethics and Hidden Greed: Ethical Behavior is Essential to Success
Robert G. Docters, JD, MBA. Bruce A. Cranner, JD—Partner, Milling Benson Woodward, L.L.P. Lawyers must be attuned to every detail in their practices. Similarly, in promoting ethics, ethics champions must become aware of the small violations, before they become major violations. This requires effort and skill because ethical violations are not obvious. That effort is […]
Navigating Healthcare Litigation: Addressing Medical Malpractice, Licensure, Compliance, and Commercial Disputes
By: Bruce Cranner and Andrew Capitelli Introduction Healthcare litigation encompasses a vast array of legal issues within the medical industry, affecting practitioners, institutions, and patients alike. The key aspects of healthcare litigation are focused on medical malpractice, licensure challenges, compliance matters, and commercial disputes. The complex and ever-evolving nature of healthcare law necessitates a […]
Milling Benson Woodward’s Attorneys are Experienced Defending Medical Malpractice Claims
Medical malpractice claims can be the most challenging and costly situations that health care professionals can face. The allegations against licensed healthcare professionals can potentially damage the provider’s reputation, privileges and licensure and drain resources. It can also be very stressful. If you are a physician, nurse, midwife, facility or other health care provider who […]
Maintaining HIPAA Compliance in an Ever Surveilled World
Video surveillance of public areas within medical clinics and hospitals is usually acceptable and welcomed by patients, especially in those areas that have the highest levels of foot traffic and are thus the most crucial areas to monitor to determine who has entered the facility, to identify potential threats, and to record footage of any […]
Nerve Block Injections: How, Why & Concerns
A “nerve block” is essentially what the name implies. It is a pain management tool used by physicians and other health care providers to block a nerve and thus to block pain, either during or immediately after a surgery. Less commonly, nerve blocks can serve as a diagnostic tool and may be used to figure out the root cause of a patient’s pain […]