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Articles Tagged With: settlement

  • Injury Claims, Accident Inquiries: ‘Freeze the Facts’

    Occasionally, occupational health professionals can be involved in a legal case when there is some dispute over an employee’s injury, workers’ compensation, or a monetary settlement. From a legal perspective, “freezing the facts” as soon as possible will pay off as the case moves forward.

  • Late Actor’s Family Reaches $1 Million Settlement in Wrongful Death Lawsuit

    The hospital that staffed the “cowboy” surgeon failed in its duty to protect the community from the unsavory practices of this unproctored, non-credentialed member of their medical staff. Given the fact that hospital and medical staff leadership not only were aware of his rogue behavior, but they encouraged and enabled the behavior until the inevitable occurred and a life was lost, the breach of duty and the culpability of the defendant parties is overwhelmingly apparent.
  • Take the Right Steps to Speed Resolution of Malpractice Litigation

    Steps taken in the early phase of malpractice litigation can significantly affect the length of the case, with the right moves resulting in a faster, cheaper resolution. On the other hand, missteps and oversights can draw out the case, costing more in legal fees and more on the eventual settlement.
  • $12.5 Million False Claims Act Settlement Shows Government Loss Not Required

    A False Claims Act lawsuit involving alleged kickbacks for placing drugs on formularies has been settled for $12.5 million. The case is instructive because it shows the False Claims Act can apply even when the government has not lost money from the alleged violations.

  • $50 Million Stark Settlement Shows Risk of Violation, Whistleblowers

    The recent $50 million settlement by a West Virginia hospital shows the danger of violating or skating on the edge of federal laws regarding kickbacks. It also shows the vulnerability of healthcare organizations to current and former employees who are willing to allege wrongdoing to get a piece of the recovered funds.

  • Brain Damage Lawsuit Settles for $5 Million

    This case exemplifies the benefits of resolving medical malpractice litigation through negotiation and prior to an adverse verdict. There are many factors that can affect a mutual agreement between the parties and a settlement, but such efforts can be extremely beneficial to physicians and care providers to better control payment amounts in the event of liability and to reduce negative exposure and publicity.

  • In Unusual Settlement, Hospital Works with Plaintiff to Improve Safety

    The malpractice case brought against Overlake Hospital Medical Center in Bellevue, WA, by August de los Reyes involved a tragic outcome but, in other ways, seemed familiar until the parties reached an unusual settlement. In addition to paying $20 million, the hospital agreed to involve de los Reyes in ongoing safety improvement efforts in a way that goes beyond the patient safety councils found at some facilities.

  • First Settlement with Business Associate Shows Focus of Office for Civil Rights

    For the first time, the Office for Civil Rights has settled potential HIPAA violations with a business associate, and that settlement sheds light on how the government is assessing compliance.

  • Largest HIPAA Settlement Ever for Advocate

    The largest ever settlement of alleged violations of the Health Insurance Portability and Accountability Act was made with the Chicago-based Advocate Health Care Network, one of the largest health systems in the country, which has agreed to pay $5.55 million and adopt a corrective action plan.

  • $20 Million Agreement Is Largest CA Settlement

    A Southern California hospital has agreed to a record $20 million settlement in a case involving a newborn left brain damaged by an error, which is the largest malpractice settlement ever in California.