Neil, Dymott, Frank, McCabe & Hudson, APLC

Legal Developments

Navigating the Health Information Technology for Economic and Clinical Health Act

What You Need to Know and How to be Prepared  The Health Information Technology for Economic and Clinical Health Act (HITECH), a part of American Recovery and Reinvestment Act of 2009 (ARRA), advances health information technology by incentivizing the use ...

California Limits Recovery of Medical Expenses to Amount Reimbursed by Insurance

In California a highly anticipated ruling from the California Supreme Court in a civil lawsuit, Howell v. Hamilton Meats 2011 Cal. LEXIS 8119, was issued on August 18, 2011.  At issue in Howell was the amount a plaintiff in a personal injury lawsuit should ...

Your "Virtual Legacy Drawer"

Many of us actively manage our digital identity, but what about our digital legacy? Many of you probably have already heard about a variation of Dave Ramsey’s “Legacy Drawer,” which is a specific place where an individual keeps their personal ...

Is it Time for a Pre-Nup? Some Considerations and Pitfalls of Creating a Premarital Agreement

California law currently recognizes three basic types of agreements involving marriage: Premarital Agreements, Marital Agreements, and Marital Settlement Agreements. As of January 1, 2005, these agreements are also applicable to lawful domestic partnerships.[1] Marital agreements are executed by spouses during marriage ...

What Businesses Need to Know About New Regulations for Enforcement of the Americans with Disabilities Act

The Americans with Disabilities Act (ADA) prohibits discrimination in a wide range of areas, including employment, public services, and public accommodations for people who are deemed to have a disability. Title I of the ADA prohibits disability-based discrimination in employment. The ...

Arbitration Agreements Can Now Bind Spouses and Heirs

Arbitration agreements have been used by California healthcare providers for almost eighty years as an alternative to the civil court litigation system. Arbitration can sometimes resolve medical malpractice disputes faster and at less cost than jury trials. The role of arbitration agreements ...

An Ounce of Prevention for Homeowner Associations and Members

We have all been through it. We have endured misery at the hands of our neighbors. Whether it is coming home to relentless noise through the walls, pet owners not cleaning up after their dog’s mess on the common areas, cigarette smoke ...

Not Your Typical Medical Negligence: Defending a Negligent Infliction of Emotional Distress Claim

Health care professionals may be surprised to learn there is a legal cause of action that allows a bystander who witnessed negligent treatment to a patient to sue for their own emotional distress. In California, a bystander who witnesses the negligent ...

Anything You Say (or write or post or comment) Can be Used Against You

The Dangers social media and Blogging Pose to Your Medical Malpractice Suit In May 2007, a Massachusetts pediatrician named Robert Lindeman, M.D., was in trial as a defendant in a wrongful death medical malpractice suit. The plaintiff’s attorney called him to ...

If You Can't Say Something Nice....

Physicians strive to receive the best result for their patients. But do they put the same effort into their bedside manner? Both are important in preventing medical malpractice claims. Healthcare providers have long been told their bedside manner is important, but they ...

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