Vast. Comprising multiple and diverse participants. Under a layer of state and federal regulatory oversight. Complex. Those are core descriptors of the American medical industry, which is unquestionably one of the country’s most sprawling and complicated business realms. We spotlight that reality on our website at the established New York law firm of Daniels, Porco…
When a judge allows highly prejudicial and case-irrelevant evidence to be “wafted before the jury to trigger its punitive instincts,” it is likely that an appellate tribunal will take action. Which is exactly what a federal appeals panel did last week in New Orleans. Appellate judges cited a lower court’s error in allowing plaintiffs’ counsel…
The health care sphere is no different from other business realms in New York and nationally in that its participants – hospital administrators, doctors, insurers and myriad other actors – sometimes become embroiled in legal disputes that cannot be settled informally and amicably. Affected parties in such cases often face hard questions concerning the best…
A recent in-depth media profile calls it “a target-rich environment for investigation and prosecution.” That same report also stresses that federal criminal enforcement over it “stands poised to become increasingly muscular and robust.” The subject matter comprising “it” in the above piece is health care fraud. That realm is unquestionably a top-tier focus of national…
The days of doctors in individual practice are largely gone. As recently as the 1970s, it was not unusual to find health care providers in their own offices. Since then, the country has seen seismic shifts in the business model for how medical treatment is delivered. And the changes show little sign of letting up….
Patient safety is, or should be, a top priority in every health care facility in New York and the rest of the country. Safety can be at risk many different ways. One major threat that deserves particular attention is that posed by cyber attackers going after network-linked equipment and medical data. To show just how significant…
Although there seems to be no material disagreement regarding whether states across the country are battling a mass opioid-addiction problem, there are myriad questions concerning the source of the so-called “crisis” and related matters. Are overprescribing doctors primarily to blame? What about select pharmacy outlets and chains that are pointed to as being especially prominent…
Much criticism of the U.S. Food and Drug Administration from health care analysts and commentators spotlights alleged overregulation of the medical realm and its adverse effects on both business growth and innovation. That has once again proven to be true in the response of one industry group to recent FDA-authored draft guidance concerning software that…
Health industry actors in New York and nationally face a number of stressing concerns as they go about their important work each day. And their thoughts are understandably focused squarely on patients while they perform their duties. “Patient safety is on everyone’s mind,” duly notes a principal with the ECRI Institute, a national nonprofit group…
The process applicable to formal rulemaking engaged in by federal agencies is lengthy and laborious. A recent Bloomberg article discussing how ideas turn into final administrative rules describes it as “cumbersome.” No one likely knows that better than principal employees of the U.S. Food and Drug Administration. The FDA is an agency that is routinely…