In Strauss v. Premera Blue Cross, 449 P.3d 640 (Wash. 2019), the Washington Supreme Court considered the concept of medical necessity.In Strauss, the insured plaintiff was diagnosed with prostate cancer. The insured's doctor recommended proton beam therapy rather than...
Medical Malpractice
YOU SHOULD HAVE KNOWN . . .
In Zavodnick, Zavodnick & Lasky, LLC v. National Liability and Fire Ins. Co., 2019 WL 1003157 (E.D. Pa. 3/1/19) the Pennsylvania court held that when a workers compensation board criticized the attorney's handling of the case, that a reasonable attorney would have...
COURT FINDS THAT A GOVERNMENT SUBPOENA SEEKING DOCUMENTS CONSTITUTED A CLAIM FOR NON-MONETARY RELIEF UNDER A D&O POLICY
The Texas court in Oceans Healthcare, LLC v. Illinois Union Ins. Co., 2019 WL 1437955 (E.D. Tx. 3/30/19) (appealed file), held that the subpoena alleged a wrongful act under the policy because the subpoena sufficiently alleged violations of the false claims act. The...
COMPUTERIZED MEDICAL BILLING REVIEWS COMES UNDER SCRUTINY IN WASHINGTON
Recently, in Folweiler Chiropractic, PS v. American Family Ins. Co., 2018 WL 5729873 (Wash. App. 2018), the Washington Court of Appeals reinstated a class action lawsuit against American Family where the suit accused American Family of unfairly discounting medical...
OHIO COURT FINDS THAT PHYSICIAN’S SEXUAL RELATIONSHIP WITH A PATIENT DID NOT CONSTITUTE MEDICAL MALPRACTICE
In Beattie v. McCoy, 2018-Ohio-2535, 115 N.E.3d 867, the Court held that professional liability policies did not cover medical malpractice actions arising from a physician's sexual relationship with a patient. The policy in question provided coverage for defined...