default Health Law Section Newsletter - Spring 2013 Popular

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Highlights

  • Administrative Law: Attorneys Miriam R. Coles and John D. Buchanan, Jr., of  Henry, Buchanan, Hudson, Suber & Carter, P.A. in Tallahassee provide insight on seeking redress from disciplinary action imposed by the Agency for Healthcare Administration.  This is a must-read for attorneys who represent clients regulated by AHCA, particularly on issues of what actions are investigatory in nature as opposed to final agency action.

  • EMTALA: Attorneys Nancy S. Paikoff and David R. Phillips of Macfarlane Ferguson & McMullen’s Clearwater, FL office discuss hospitals’ obligations under the Emergency Medical Treatment and Active Labor Act  to treat undocumented aliens. The article eloquently explains the practical issues that hospital counsel face in looking at the facts of each patient encounter.

  • EMRs and Malpractice Litigation:  Attorney Alyssa Mason of Kirwin Norris in Orlando address the impact of the emergence of electronic medical records systems on medical malpractice law.  In a well-researched article, she presents an argument that EMRs have a potential to increase the number of medical malpractice suits filed and to change the course of medical malpractice litigation.

  • ACOs:  Attorney Andrew S. Bolin of Beytin, McLaughlin, McLaughlin, O'Hara & Bolin's Tampa office writes about potential areas of negative exposure for providers participating in Accountable Care Organizations.  The article insightfully applies some ACO concepts like shared responsibility for patients to concepts like non-delegable duties and joint ventures to ask: who is accountable to whom?

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