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Advanced Practice Strategies educates juries with a Visual Strategy designed by Certified Medical Illustrators contributing to a win rate of 94%.
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| DRI Resources |
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Committee Leadership
Seminar
May 16-17, 2013
New York, New York
DRI Publications
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Current Issues in Medical Liability and Health Care Law
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| Featured Articles |
The Effect of the Federal Tort Claims Act upon Non-Federal Defendants in Medical Liability Cases
by David A. Stackpole
THE SCENARIO
You represent a health care provider in medical liability action where the plaintiff named multiple defendants. One of the defendants receives federal funding under the Federally Supported Health Centers Assistance Act of 1992, 42 U.S.C. § 233 and the provider was acting within the scope of his/her office or employment at the time of the incident out of which the claim arose. As such, the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671-2680, applies and is the exclusive remedy for such actions. See Wilson v. Big Sandy Health Care, Inc., 576 F.3d 329 (6th Cir. 2009). This defendant will be referred to as a Federal Defendant. All other defendants, who do not receive federal funding, will be referred to as Non-Federal Defendants.
[FULL STORY]
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Important Victory For Primary Payers Under The MSP
by Allison J. Garton
The frustrating maze of Medicare Secondary Payer ("MSP") requirements may just have gotten a little easier to navigate thanks to the recent federal district court opinion of Wilson v. State Farm Mutual Automobile Ins. Co., 2011 WL 2378190 (W.D. Ky. June 15, 2011). While by no means resolving the host of issues created by Medicare reporting requirements, this case does act as a small but important victory for primary payers caught between the proverbial rock and a hard place. Specifically, the Wilson case offers one court's guidance to primary payers who must choose between (1) awaiting Medicare's lien determination and thereby risking a bad faith lawsuit for failing to timely pay settlement proceeds; or (2) moving forward with payment and risking future liability and damages if Medicare is not properly reimbursed.
[FULL STORY]
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The 2011 Nursing Home/ALF Seminar Came to Boston For the Springtime (Well, Late Summer, Actually)
by J. Richard Moore
In September, over 550 attorneys, claims professionals, insurance representatives and long-term care facility owners and managers gathered in Boston for the Committee's annual Nursing Home/ALF Litigation seminar. Nearly a year's preparation by the seminar steering committee went into developing the agenda, attracting world-class speakers and publicizing the opportunities for education, professional networking, and good times with trusted colleagues and friends provided by the seminar. The Committee was proud to host presentations by a panel that included physicians, nurses, in-house counsel, and attorney colleagues with expertise in long-term care-related topics ranging from the emergence of class actions as a litigation strategy to unique ethical issues presented by insurance policies covering nursing homes and other providers of health care to the elderly and infirm.
[FULL STORY]
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| News & Announcements |
Seminar Information
In an effort to provide more consistent and timely material to our seminars attendees, DRI is changing the way we distribute course materials in advance of a seminar. From this point forward, an email link will be provided to registered attendees two weeks prior to the event. This link will allow registrants to download and review the course materials in advance of the event – a CD-Rom will not be mailed. When an registrants arrive onsite for a seminar, they will receive an updated CD-Rom with course, any late paper submissions and onsite materials. This change, while small, ensures that we are delivering the resources to grow your practice in the most efficient way possible.
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