April 28, 2009
A physician whose clinical privileges at a hospital were suspended without notice or an opportunity to be heard was deprived of constitutional due process, a federal court in Nevada held April 8.
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April 8, 2009
The Eighth Circuit affirmed March 5 the dismissal of a claim that an insurer violated the Racketeer Influenced and Corrupt Organizations Act by mailing erroneous explanation of benefits forms that improperly denied, reduced, or delayed payments to a physician for the healthcare services he provided to plan members.
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March 30, 2009
A federal court in Michigan denied a hospital summary judgment on a physician?s retaliation claim under the Emergency Medical Treatment and Labor Act (EMTALA) that it summarily suspended his privileges after he argued against transferring a patient he believed was in labor.
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March 16, 2009
The Florida District Court of Appeal, First District, found February 27 that an insurance carrier forfeits its right under state law to contest the medical necessity of a request for authorization for referral for medical treatment if the carrier fails to respond to the request.
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March 16, 2009
A divided Texas Supreme Court found March 6 that an exception to the state's malpractice damages cap that allows further recovery when a liability insurer negligently fails to settle claims, applies only to insurers and does not apply to physicians.
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March 2, 2009
The Pennsylvania Supreme Court reversed February 19 the grant of summary judgment in favor of a physician who alleged the medical malpractice action against him was time-barred under the two-year statute of limitations.
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March 2, 2009
The U.S. Supreme Court declined to review February 23 a Fifth Circuit decision upholding the Federal Trade Commission's finding that North Texas Specialty Physicians illegally fixed prices in its negotiations with payors and its conduct was unrelated to procompetitive efficiencies.
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February 5, 2009
The Virginia Supreme Court reversed January 16 a lower court's ruling, finding that a wrongful death plaintiff's medical expert was qualified to testify under the relevant statute.
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February 5, 2009
Memorial Hermann Healthcare System has settled allegations it engaged in practices that discouraged health insurers from entering into contracts with certain competing hospitals in violation of state antitrust laws, Texas Attorney General Greg Abbott announced January 26.
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