Belsky Weinberg & Horowitz, LLC A Personal Injury & Workers’ Compensation Law Firm

September 2012 Archives

The Top Ten Consumer Complaints

Computer and coffee.jpgCars, credit and home repair and construction once again topped the list of complaints made to state and local consumer protection agencies, according to a survey by the Consumer Federation of America (CFA) and the North American Consumer Protection Investigators (NACPI). Real estate problems made it to the top ten for the first time in many years.

Missouri Supreme Court Rejects Caps on Non-Economic Damages

Missouri's top court has ruled 4-3 that a state law placing limits on the amount a jury can award for non-economic damages in medical malpractice lawsuits is unconstitutional.The state Supreme Court said the law -- which set up a $350,000 cap on non-economic damages in jury awards -- violated the right to trial by jury established in the state's constitution.

MD Judge Dismisses Upcoding Lawsuit Against Kernan Hospital

A federal court has thrown out a lawsuit against a Maryland hospital accused of "orchestrating a scheme whereby it inappropriately and fraudulently coded malnutrition as a secondary diagnosis in order to increase its federally funded health care reimbursement." In United States of America v. Kernan Hospital, Judge Richard D. Bennett wrote that the government did not present enough evidence to "adequately plead allegations of fraud under the False Claims Act."

Appellate Court Rejects Legal Defense That Would Defeat Medical Malpractice Claims

If one medical malpractice defense attorney had had his way,merely explaining the complications that can accompany a medical procedurewould be enough to defeat a medical malpractice claim. But, in H. Jeffrey Schwarz, et al v. Arvia Johnson, Maryland 's Court of Special Appeals sided with the trialcourt in soundly rejecting such a defense.

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