Cooperscully.com

Cooper & Scully, P.C.

WEBSection 74.155 provides that a physician, health care provider, or first responder is not liable for injury or death arising from care, treatment, or failure to …

Actived: 8 days ago

URL: https://www.cooperscully.com/news-and-resources/articles/liability-of-health-care-providers-amid-the-covid-19-pandemic-an-update

Premises Liability vs. Safety Claim Against Healthcare Providers

WEBNo. 14-14-00797-CV, 2016 Westlaw 208142 (Tex. App.—Houston [14 th Dist.], Jan. 14, 2016, no pet.), the plaintiff was an inpatient resident obtaining substance abuse …

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Texas Supreme Court Rules That Allegations of Fraudulent Medical

WEBFurthermore, the creation and maintenance of health records has a manifestly close relationship with the treatment of a patient, and is thus directly related to health care. …

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Ross v. St. Luke's Episcopal Hospital

WEB"Health care liability claim" means a cause of action against a health care provider or physician for treatment, lack of treatment, or other claimed departure from …

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Texas Supreme Court Issues Two New Health Care Opinions

WEBThe Texas Supreme Court recently released two opinions on the same day addressing issues involving Chapter 74 health care liability claims. In Lake Jackson …

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Recent Texas Supreme Court Opinions Leave Significant Imprint …

WEBBy: Cory Sutker The Texas Supreme Court recently issued two opinions that have left a significant imprint on health care litigation. In the first opinion – Texas West …

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Liability of Healthcare Providers Amid the COVID-19 Pandemic

WEBThe CARES Act provides temporary immunity to “volunteer” health care providers. Specifically, the Act states that such volunteers, with a few exceptions, “shall …

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Texas Supreme Court and Fifth Circuit Issue Flurry of Opinions

WEBBy: Kyle Burke, Diana Faust, and Michelle Robberson The Texas Supreme Court has been busy in 2016 issuing opinions on health care liability issues: analyzing …

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Procedural Due Process in Consumer Healthcare Arbitrations in …

WEBCalifornia Health and Safety Code section 1363.1 requires health care plans to disclose to enrollees any requirement that binding arbitration must be utilized to …

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Penalties and Lawsuits for HIPAA and State Privacy Law Violations

WEBOCR has already fined the hospital $387,000, a weighty fact which may come into play if the case proceeds to trial. Recent HIPAA and privacy law news reinforces the fact that …

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California's Telehealth Laws

WEBCalifornia addressed the obligations of health care providers in regard to telehealth services nearly 18 years ago through the "Telemedicine Development Act of …

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Vicarious Liability Pleadings and the Chapter 74 Expert Report

WEBIn Texas, Chapter 74 of the Civil Practice and Remedies Code requires a claimant in a health care liability suit to serve expert reports against each defendant health care …

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Cooper & Scully, P.C.

WEBThe Texas Legislature found that the number of health care liability claims being brought in the state had spiked, which negatively affected the ability of providers to obtain …

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A Texas Legislative Update: HB 1998 Increases Public Reporting

WEBIn the recent legislative session, Texas lawmakers passed a number of new initiatives impacting the health care industry and medical providers who are licensed to …

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UPDATE: Applying the Loaisiga Presumption to

WEBOverview of Health Care Liability Claims. HCLCs have three elements: (1) the defendant is a health care provider or physician; (2) the claimant's cause of action is for treatment, …

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Texas Legislative Update – Senate Bill 490 – Itemized Medical Bills

WEBThe 88 th Texas Legislature passed, and the Governor signed, Senate Bill 490, which specifically mandates: A health care provider that requests payment from a …

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Responding to Subpoenas for Mental Health Records in California

WEBTwo California laws provide the framework for responding to a subpoena requesting mental health records: 1) The Lanterman-Petris -Short ("LPS") Act or …

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Cooper & Scully, P.C.

WEBOur attorneys represent health plans, insurance companies, provider organizations, networks, third party administrators (TPAs), as well as self-funded employer plans and …

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Cooper & Scully, P.C.

WEBTexas Medical Liability Act & Preemption. On March 6, 2015, the Texas Supreme Court issued an opinion which some argue threatens the Texas Medical …

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HMOS AND HEALTH PLANS PRACTICE GROUP ERISA …

WEBIn June of 2004, in Aetna Health Inc. v. Davila ,13 the Supreme Court issued its most recent interpretation of the scope of § 1132(a) preemption. Davila involved consolidated …

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COMMON HEALTH CARE LIABILITY LIENS

WEBCOMMON HEALTH CARE LIABILITY LIENS Natalie S. Brackett Sabrina R. Karels Cooper & Scully, P.C. 900 Jackson Street, Suite 100 Dallas, TX 75202 214/712-9500 Fax …

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HANDLING SUBROGATION AND LIEN ISSUES IN SETTLING …

WEBSubrogation. Contractual (or conventional) subrogation is created by an agreement or contract that grants the right to pursue reimbursement from a third party in …

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