Lamson, Dugan and Murray, LLP, Attorneys at Law

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William R. Settles

Litigation

Post by William R. Settles

Risks of Social Media in Medicine

Posted in Disciplinary Actions, Health Care Law, HIPAA, Risk Management

A twenty-year-old nursing student had finally realized her dream and was caring for patients on her pediatric oncology rotation.  She fell in love with the courage of her young patients.  One patient, in particular, captured her heart.  She took a … Continue reading

Missouri Moves to Reinstate Cap on Malpractice Damages

Posted in Health Care Law, Tort Reform

On a 93-62 vote, the Missouri House passed a measure yesterday to reinstate that state’s cap on non-economic damages in medical malpractice cases.  The cap had been declared unconstitutional by the Missouri Supreme Court last summer.  In that decision, the … Continue reading

When DHHS Comes Calling

Posted in Disciplinary Actions, Litigation Tips, Risk Management

Every licensed health care provider dreads receiving that certified letter with the return address, “Nebraska Department of Health and Human Services, Investigations Division.”  Opening the letter doesn’t help matters:  “Dear sir or madam, we are gathering information regarding a complaint … Continue reading

Hospital Employed Physicians May Face Conflicts of Interest

Posted in Health Care Law, Medical Malpractice

Between 2000 and 2010, the number of doctors employed by hospitals grew by 32 percent, to 212,000.  This unmistakeable trend raises serious questions about potential conflicts of interest that such employment arrangements may create.  For example, some physicians have reported … Continue reading

Would Streamlining the Malpractice System Reduce Defensive Medicine?

Posted in Health Care Law, Medical Malpractice, Tort Reform

Dr. Robert Glattner posted a very interesting article on Forbes.com yesterday that discusses the need for malpractice reform.  It is well worth the read.  I do have a couple of criticisms of his thesis, however. First, Dr. Glattner cites a … Continue reading

Stolen Laptop Costs Idaho Hospice $50,000

Posted in Health Care Law, HIPAA

Last month the U.S. Department of Health and Human Services announced a first-of-its-kind settlement involving a breach of unsecured electronic protected health information.  The Hospice of North Idaho agreed to pay HHS $50,000 to settle potential violations of the HIPAA security … Continue reading

Falling on Your Scalpel: Admitting Fault in Medical Malpractice

Posted in Litigation Tips, Medical Malpractice, Risk Management

In a previous post, I discussed the potential use of an apology to head off medical malpractice litigation.  In this post, I will discuss situations where a complete admission of fault may help bring about a more favorable outcome in … Continue reading