Author

Alex Stein

  • Doctor-Patient Relationship

    NPDB and Due Process

    By Alex Stein An aggrieved patient files medical malpractice suit against a hospital in which he was treated. The hospital and the patient subsequently settle the suit. Their settlement agreement states that the hospital settles the…

    NPDB and Due Process

  • Patient Care

    The Laches Defense not Available in Medical Malpractice Actions

    By Alex Stein The DC Court of Appeals has ruled last week that the laches defense does not apply in actions for medical malpractice: Naccache v. Taylor, — A.3d —-, 2013 WL 3820942 (D.C. 2013). The…

    The Laches Defense not Available in Medical Malpractice Actions

  • Doctor-Patient Relationship

    The Merit of Merit Affidavits

    By Alex Stein Similar to many other states, Oklahoma has a statute prescribing that suits alleging medical malpractice must be verified by an affidavit from a qualified medical expert. Suits unaccompanied by a proper affidavit must…

    The Merit of Merit Affidavits

  • Patient Care

    Proximate Cause in Georgia

    By Alex Stein Two days ago, Georgia’s Court of Appeals decided Georgia Clinic v. Stout, — S.E.2d —-, 2013 WL 3497703 (Ga. App. 2013). This tragic case features an elderly patient with an arthritic knee. Her doctors…

    Proximate Cause in Georgia

  • Doctor-Patient Relationship

    A New Trend? Hospital Successfully Sues its Patient’s Attorneys for Filing a Vexatious Malpractice Suit

    By Alex Stein Connecticut’s Appellate Court ruled in yesterday’s decision that hospitals and doctors can successfully sue their patients’ attorneys for filing a vexatious malpractice suit. The Court also ruled that the trial judge’s decision that…

    A New Trend? Hospital Successfully Sues its Patient’s Attorneys for Filing a Vexatious Malpractice Suit

  • Health Law Policy

    Governmental immunity for EMTs

    By Alex Stein According to the recent New York Court of Appeals’ decision—Applewhite v. Accuhealth, Inc., 2013 WL 3185185 (N.Y. 2013)—governmental immunity is a starting point for any inquiry into EMTs’ liability for malpractice. The…

    Governmental immunity for EMTs

  • Mental Health

    Suing Psychiatrists: Causation, Spoliation, Alternative Liability, and Lost Chance

    By Alex Stein Almonte v. Kurl, 46 A.3d 1 (R.I. 2012), is a must-read malpractice decision. This decision is about a patient who was brought to a psychiatrist for involuntary committal evaluation after undergoing an…

    Suing Psychiatrists: Causation, Spoliation, Alternative Liability, and Lost Chance

  • Conflicts of Interest

    The Tylenol Debate: Can Hospitals be Sued for Excessive Markups on Medications and Devices?

    By Alex Stein Steven Brill’s TIME MAGAZINE blockbuster article, Bitter Pill: Why Medical Bills are Killing Us, uncovers the CHARGEMASTER: a publicly undisclosed pricelist accountable for what we see in hospital bills. What we see…

    The Tylenol Debate: Can Hospitals be Sued for Excessive Markups on Medications and Devices?