Rep. Peter J. Roskam (R-IL) is clearly adamant about taking some action that he stresses is imperative to safeguard the health care industry against crushing regulatory challenges of the highest order. Here’s the problem, Roskam asserts: Health professionals are flailing under an onslaught – relentless and growing – of burdensome and often nonsensical regulation. The…
Large medical companies ranging from pharmaceutical entities to device manufacturers know that incoming litigation is a distinct and sudden possibility at any time. Indeed, America’s leading health care businesses suffer lawsuit-linked threats in a manner perhaps unparalleled in any other industry. The company 3M knows all about that. In fact, the device maker has been…
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…