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Channel: Lori R. Semlies | Professional Liability Advocate |
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Negative Impacts of Social Distancing and Shelter in Place on the Elderly in...

For many families, the COVID-19 pandemic will present ethical and moral dilemmas relative to the health, safety and well-being of our elderly parents and grandparents, made more vulnerable because of...

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Patient-on-Patient Violence: Does a Negligence Case Trump a Patient’s HIPAA...

At some point in their careers, most medical malpractice defense attorneys have defended a medical facility against a claim for negligence based on one patient being attacked by another. The negligence...

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Is the Error of Judgment Defense Still Available in Suicide Cases?

Are courts becoming more liberal with the standards by which physicians are judged in failing to prevent suicides? Traditionally, the professional judgment rule has been used by psychiatrists and other...

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Are Senior Trial Attorneys Passing the Baton?

Every profession is facing the impact of baby boomers retiring – and trial lawyers are certainly no exception. At the PLUS Conference in April 2014, I was delighted to be part of a panel discussing a...

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The Doctor May NOT Be In!

Traditionally, parents encouraged the next generation to seek careers as doctors or lawyers – not only the most prestigious but also, at that time, the most lucrative. However, in today’s world,...

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Arbitration Agreements in Nursing Home Admission Agreements

In response to increasing runaway verdicts with large awards for punitive damages, many nursing homes are including arbitration clauses in their admission agreements. The U.S. Supreme Court’s decision...

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3D Printing in Medicine – Now?

Advances in medical technology have made it possible to interpret x-rays from half way around the world, perform surgery through robots and diagnose dermatological conditions via Skype. Today we are on...

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Arbitration of Nursing Home Suits: Take Two

Quasi Tort Reform in Nursing Home Litigation Is on the Way! Last fall, I posted a blog about the national trend of including arbitration provisions in nursing home admission agreements. This trend...

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Is This the End of Arbitration in Nursing Home Litigation?

As anticipated, the Centers for Medicare & Medicaid Services (CMS) has released new regulations addressing the use of arbitration agreements in nursing home admission agreements applicable to...

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Ding Dong the Arbitration Ban Is Dead!

I vividly recall attending the Bronx Bar Association Dinner last fall when it was announced that the Centers for Medicare & Medicaid Services (CMS) would ban pre-dispute arbitration provisions in...

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