On January 10, 2018, the South Dakota Supreme Court served strong notice to those who make a habit of seeking to quickly resolve claims following an injury. The case was Kathy A. Schaefer v. Sioux Spine and Sport, Prof. LLC,
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SOUTH DAKOTA SUPREME COURT AFFIRMS JURY VERDICT IN FAVOR OF PEDIATRIC GASTROENTEROLOGIST
On December 20, 2017, the South Dakota Supreme Court affirmed a June 2016 jury verdict in favor of a pediatric gastroenterologist, Dr. Stephen Nanton. The case was captioned Basil O’Day and Tracy McClure, as Guardians Ad Litem for N.W.O. v.…
The Medical Peer Review Privilege Survives a New Attack – The Crime-Fraud Exception
Late last year, the South Dakota Supreme Court made a very significant decision relating to the medical peer review privilege in South Dakota. Boyce Law Attorney Matthew D. Murphy recently published an article on the topic in the Medlaw Update…
ABA Adopts Resolution Encouraging Alternative Dispute Resolution in Health Care Disputes
Conflict can arise in almost every facet of health care. Issues may include employment and credentialing disputes, traditional malpractice claims, premises liability charges, family disputes in a hospital, denial of claims for reimbursement, disagreements related to the buying and selling…
One Size Does Not Fit All For Cyberliabilty Insurance
Many data privacy and security conversations these days inevitably lead to discussions about cyberliability insurance policies. What kind? How much? Is what we have enough? Being relatively new, many cyberliability policies remain highly negotiable, although increased standardization of terms is…
Sioux Falls Jury Punishes Huron Regional Medical Center for Inadequate Peer Review*
Section 1557 Lawsuit Highlights ACA’s Anti-Discrimination Rule
A Section 1557 lawsuit is now pending in an Arizona federal court. Twelve (12) hearing-impaired individuals have brought suit alleging their health care provider discriminated against them by not providing sign language interpreters or electronic video interpretation. Instead of providing…
WHY MEDICAL PROVIDERS ARE BEING SUED FOR SAVING LIVES
For many years, medical providers have been faced with the task of untangling the web of medical and ethical issues surrounding end of life decisions. More recently, the profession has successfully navigated the problem by pushing for patients and the…
South Dakota Supreme Court Opens Door to Discovery of Non-party Patient Records
On December 21, 2016, the South Dakota Supreme Court in Wipf v. Alstiel required a defendant surgeon in a perforated bowel case to redact and provide the plaintiff with non-party patient medical records from his last five years of practice. The…
Texas Federal Court Provides Guidance on NPDB Reporting
On February 8, 2017, a Federal District Court in Texas provided a noteworthy ruling requiring a Texas hospital to void a NPDB report about a surgeon on its staff. The underlying facts are simple: The surgeon was peer reviewed as…