Professional Liability Practice Group Meeting Highlights
Discussions at a 2015 professional liability practice group meeting covering medical malpractice, product liability, physician disciplinary actions, hospital peer reviews, and legal considerations for clients and attorneys by Primerus Solutions. Highlights include case examples, expert testimonies, attorney involvement, and procedural insights.
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Presentation Transcript
Medical Professional and Primerus Solutions Adventures PROFESSIONAL LIABILITY PRACTICE GROUP MEETING, APRIL 23, 2015 KEVIN NORCHI NORCHI FORBES, LLC (CLEVELAND, OHIO) BRAD NAHRSTADT LIPE LYONS MURPHY NAHRSTADT & PONTIKIS (CHICAGO, ILLINOIS)
Medical Malpractice meets Products Liability Patient injured in Obstetrical procedure. Product failure claim preempted by FDA. Medical negligence claim viable. Physician s defense that device did not perform as expected and then turned off. Anticipated expert testimony. Primerus Attorney involvement.
Physician Disciplinary Action Before State Medical Boards Utilizing a controlled substance in the treatment of a family member or self in violation of Section 4731-11-08, Ohio Administrative Code. Physician enters into a Consent Agreement with SMBO. One year later, Physician is notified by Pennsylvania State Medical Board of pending actions PA license inactive 10 years earlier when moved to Ohio. PA begins action to revoke license which then requires notice to SMBO. Physician requires representation before PA Medical Board. Primerus Attorney involvement.
Hospital MEC Peer Review Hearings Hospital Bylaws afford due process for Physicians subject to adverse actions ranging from privilege restriction to privilege termination. Bylaws typically in conformity with HCQIA which incentivizes effective professional peer review. HCQIA immunity and Safe Harbor provision. Challenging HCQIA immunity by Physicians and identifying available insurance coverage. Role of the attorney. Hearing Officer. Counsel for the MEC. Counsel for the Physician. Primerus Attorney involvement.
Primerus Solutions Considerations for Clients: Pro Hac Vice assignments in new territories as co-counsel. Engage lawyers from separate law firms with similar affinities and ability to communicate Take advantage of expertise in different jurisdictions. Rely on established quality, expertise and experience. Six Pillars of Primerus. Considerations for Primerus Attorneys: Promote your unique skills and experiences. Work with Clients to identify solutions to unique multi-jurisdiction litigation. Communicate with Primerus lawyers. Six Pillars of Primers.
