I. Introduction:
Medical malpractice practitioners beware. As we all know, not all medical malpractice claims are created equal. As you may not know, however, not all medical malpractice claims are subject to the same rules in New Hampshire and practice pitfalls abound if you do not know who your defendants are insured by and the precise timeline of your client’s case. If your client is injured by the medical negligence of a health care provider at a federally funded health center, a public health service facility, or a volunteer at a free health clinic, his or her claim is most likely not governed by New Hampshire law and is governed by the Federal Tort Claims Act,1 which has a shortened statute of limitations period, strict administrative procedural filing prerequisites and no common law discovery rule or tolling provision for minors or incompetents. If you do not pay close attention to the person funding the operations of your potential defendant, you may compromise your client’s rights, miss the applicable statute of limitations and expose yourself and your office to significant liability by doing so. Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Mark Abramsonhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgMark Abramson2008-11-28 02:55:172017-04-28 02:55:32Medical Malpractice Claims Against Public Health Service and Federally Funded Community Health Center Physicians: Practical Problems and Potential Pitfalls to Be Aware of
I. Introduction:
New Hampshire’s medical malpractice screening panel law became effective just over three years ago. It was billed as a means of lowering “system costs” in medical malpractice cases by giving the parties an early, objective view of the merits of their case thus encouraging the prompt resolution of meritorious claims and the quick and quiet death of non-meritorious claims.
At the time of its enactment, however, opponents were concerned that the panels would increase the time it took to resolve medical negligence cases and that they would increase the costs necessary to litigate such cases. The net effect of this, opponents argued, would be that a large group of malpractice victims – those with less than catastrophic damages – would effectively lose the key to the court house. Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Mark Abramsonhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgMark Abramson2008-09-28 02:54:042017-04-28 02:54:19Broken Promises: Data Shows NH’s Medical Malpractice Screening Panels Are Not Leading to Early Resolution and Cost Savings
I. Introduction:
The healthcare frontier has changed in the information age. From the advent and increasing use of telemedicine and cybermedicine, to the use of other medical informatic advances such as medical monitoring, electronic health records and national health information networks, access to cutting edge healthcare is now available to all, even those in rural and underserved areas. The geographic, temporal and economic barriers to providing healthcare have been virtually eliminated through information technology and the ease of travel for locum tenens physicians to provide temporary physician services. As these barriers and boundaries have eroded, so too have the boundaries of the traditional physician-patient relationship. Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Mark Abramsonhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgMark Abramson2008-08-28 02:57:372017-04-28 02:57:49Medical Malpractice Liability in the Information Age – the Evolution of the Physician-Patient Relationship on the New Healthcare Frontier
I. Introduction:
Like most states, New Hampshire has a statute that immunizes physicians from liability for acts or omissions in the course of emergency care. The vast majority of states with similar statutes have construed them to be inapplicable where the physician has a preexisting duty to provide emergency care. The rationale for this is that immunity should only apply where the physician’s act is totally voluntary. Our Supreme Court has never had an opportunity to interpret the New Hampshire statute but it is likely to follow the majority rule. Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Mark Abramsonhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgMark Abramson2008-05-28 02:56:182017-04-28 02:56:35Medical Malpractice Litigation and the NH Good Samaritan Statute
I. Introduction:
In a previous article , we summarized the case law applying the collateral source rule to medical expenses that have been written off or reduced as a result of agreements between medical care providers and third-party payors, such as Medicaid, Medicare, or a private health insurance carrier. Since that article came out, two additional Superior Court decisions have been issued on this subject. Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Mark Abramsonhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgMark Abramson2008-04-28 02:58:272017-04-28 02:58:39Update: Application of the Collateral Source Rule to Written Off or Reduced Medical Expenses
The internet has changed the way we investigate and pursue medical malpractice cases. In addition to its inherent ability to allow marketing of your firm or services to the masses, the internet puts virtually unlimited information accessibility, investigative and research capabilities at your fingertips. The internet can be used for medical research when you are first evaluating a medical malpractice claim. It can be used to find expert witnesses to review the medical malpractice claim and provide an opinion as to whether or not medical negligence has occurred. It can be used to investigate the background, credentialing and testimonial or lawsuit history of medical malpractice defendants or expert witnesses. It can be used to locate witnesses or to obtain appropriate service information for defendants. It can be used to find potential demonstrative exhibits such as medical animations or illustrations for use at mediation or trial. Finally, it can be used to conduct verdict and settlement searches on similar cases to arrive at an appropriate acceptable range of settlement for a case. Each of these potential uses are addressed in turn in this article. Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Mark Abramsonhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgMark Abramson2007-07-28 02:53:112017-04-28 02:53:23Using the Internet Effectively in Medical-Malpractice Cases
Medical Malpractice Claims Against Public Health Service and Federally Funded Community Health Center Physicians: Practical Problems and Potential Pitfalls to Be Aware of
/by Mark AbramsonI. Introduction:
Medical malpractice practitioners beware. As we all know, not all medical malpractice claims are created equal. As you may not know, however, not all medical malpractice claims are subject to the same rules in New Hampshire and practice pitfalls abound if you do not know who your defendants are insured by and the precise timeline of your client’s case. If your client is injured by the medical negligence of a health care provider at a federally funded health center, a public health service facility, or a volunteer at a free health clinic, his or her claim is most likely not governed by New Hampshire law and is governed by the Federal Tort Claims Act,1 which has a shortened statute of limitations period, strict administrative procedural filing prerequisites and no common law discovery rule or tolling provision for minors or incompetents. If you do not pay close attention to the person funding the operations of your potential defendant, you may compromise your client’s rights, miss the applicable statute of limitations and expose yourself and your office to significant liability by doing so. Read more
Broken Promises: Data Shows NH’s Medical Malpractice Screening Panels Are Not Leading to Early Resolution and Cost Savings
/by Mark AbramsonI. Introduction:
New Hampshire’s medical malpractice screening panel law became effective just over three years ago. It was billed as a means of lowering “system costs” in medical malpractice cases by giving the parties an early, objective view of the merits of their case thus encouraging the prompt resolution of meritorious claims and the quick and quiet death of non-meritorious claims.
At the time of its enactment, however, opponents were concerned that the panels would increase the time it took to resolve medical negligence cases and that they would increase the costs necessary to litigate such cases. The net effect of this, opponents argued, would be that a large group of malpractice victims – those with less than catastrophic damages – would effectively lose the key to the court house. Read more
Medical Malpractice Liability in the Information Age – the Evolution of the Physician-Patient Relationship on the New Healthcare Frontier
/by Mark AbramsonI. Introduction:
The healthcare frontier has changed in the information age. From the advent and increasing use of telemedicine and cybermedicine, to the use of other medical informatic advances such as medical monitoring, electronic health records and national health information networks, access to cutting edge healthcare is now available to all, even those in rural and underserved areas. The geographic, temporal and economic barriers to providing healthcare have been virtually eliminated through information technology and the ease of travel for locum tenens physicians to provide temporary physician services. As these barriers and boundaries have eroded, so too have the boundaries of the traditional physician-patient relationship. Read more
Medical Malpractice Litigation and the NH Good Samaritan Statute
/by Mark AbramsonI. Introduction:
Like most states, New Hampshire has a statute that immunizes physicians from liability for acts or omissions in the course of emergency care. The vast majority of states with similar statutes have construed them to be inapplicable where the physician has a preexisting duty to provide emergency care. The rationale for this is that immunity should only apply where the physician’s act is totally voluntary. Our Supreme Court has never had an opportunity to interpret the New Hampshire statute but it is likely to follow the majority rule. Read more
Update: Application of the Collateral Source Rule to Written Off or Reduced Medical Expenses
/by Mark AbramsonI. Introduction:
In a previous article , we summarized the case law applying the collateral source rule to medical expenses that have been written off or reduced as a result of agreements between medical care providers and third-party payors, such as Medicaid, Medicare, or a private health insurance carrier. Since that article came out, two additional Superior Court decisions have been issued on this subject. Read more
Using the Internet Effectively in Medical-Malpractice Cases
/by Mark AbramsonThe internet has changed the way we investigate and pursue medical malpractice cases. In addition to its inherent ability to allow marketing of your firm or services to the masses, the internet puts virtually unlimited information accessibility, investigative and research capabilities at your fingertips. The internet can be used for medical research when you are first evaluating a medical malpractice claim. It can be used to find expert witnesses to review the medical malpractice claim and provide an opinion as to whether or not medical negligence has occurred. It can be used to investigate the background, credentialing and testimonial or lawsuit history of medical malpractice defendants or expert witnesses. It can be used to locate witnesses or to obtain appropriate service information for defendants. It can be used to find potential demonstrative exhibits such as medical animations or illustrations for use at mediation or trial. Finally, it can be used to conduct verdict and settlement searches on similar cases to arrive at an appropriate acceptable range of settlement for a case. Each of these potential uses are addressed in turn in this article. Read more