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FCA Circuit Split Unresolved
The U.S. Supreme Court declined to weigh in on whether objectively verifiable facts are necessary to establish a fraudulent claim under the False Claims…
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“But-For” v. “Substantial Contributing Factor” — Recent Ruling Addresses Competing Causation Standards
A decision regarding which competing causation standard must apply to medical malpractice cases with multiple tortfeasors has been answered by the Massachusetts Supreme Judicial…
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UBH Wrongly Denied Care and Claims Based on Overly Restrictive Guidelines That Were Not Based on Accepted Standards of Care, Court Rules
The guidelines insurance companies use to evaluate coverage and claims for mental health care and substance use treatments have come under fresh, intense scrutiny…
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Do Medical Consults Require a Duty to Caution?
In an unusual case in Washington state, the plaintiff’s medical expert witness failed to persuade the court that a Department of Veteran Affairs primary…
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Pulmonary Medicine Medical Expert Witness: Epoxy exposure respiratory sequelae
FOCUS Pulmonary Medical Expert needed to review case of exposure to epoxy chemicals resulting in severe respiratory ailments. BACKGROUND Epoxy is marketed in…
Read articleOncology: Delayed Diagnosis of Cancer
Delayed Diagnosis of Cancer Incidentally found lung nodule results in death after delayed diagnosis of cancer, lack of follow-up imaging, and treatment. BACKGROUND Incidental…
Read articlePediatric Neurosurgery Expert Witness: Pediatric VP shunt
FOCUS A ventriculoperitoneal (VP) shunt became irretrievably lodged in the brain of a young child following treatment for pseudotumor cerebri with hydrocephalus. BACKGROUND…
Read articleTear during childbirth results in complications
FOCUS A woman during vaginal childbirth experiences a tear and complications from a failed repair. A medical negligence case requiring Obstetrics and Gynecology medical…
Read articlePediatric Forensic Pathology Expert Witness: Infant death at daycare
FOCUS Infant death at daycare: SIDS or strangulation? A case requiring PEDIATRIC FORENSIC PATHOLOGY expert witness review. BACKGROUND Sudden Infant Death Syndrome (SIDS) is…
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