Date archive: April 2016

Non-Economic Damage Caps Remain Constitutional in Wrongful Death Actions

On April 19, 2016, the Missouri Supreme Court issued its opinion in James Dodson, et al. v. Robert Ferrara, M.D., et al. The Court upheld Missouri’s 2005 “tort reform” non-economic damage cap as constitutional as applied in wrongful death cases. Basic Facts and Litigation History: On February 8, 2011, Shannon Dodson presented to the Mercy…

Protect Mental Health Records as Required by Law

It is well known that health care providers have a duty to comply with HIPAA when providing medical records upon request. Don’t forget health care providers in Illinois also have a duty to comply with the Mental Health Developmental Disabilities Confidentiality Act. 740 ILCS 110/1. In Stuckey v. Renaissance at Midway, 2015  IL App (1st)…

Hiring Excluded Healthcare Employees is a Costly Mistake

The Office of the Inspector General (OIG) released its report of Provider Self-Disclosure Settlements for the first quarter of 2016. During the first three months of 2016, the OIG reports that 8 health care providers self-reported employing individuals that the employer knew or should have known were excluded from participation in Federal health care programs….


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