Legal Developments

Legal Developments

10/6/2011
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 of electronic health records (EHR).  More importantly, however, it increases the protection afforded to electronic protected health information (PHI) by strengthening and expanding HIPAA.
8/9/2011
By Benjamin J. Howard Many of us actively manage our digital identity, but what about our digital legacy?
5/14/2011
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 and affect marital rights and obligations in an ongoing marriage. Marriage settlement agreements are executed to resolve the parties’ marital and property rights and...
5/1/2011
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.
4/15/2011
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 in wrongful death cases has just expanded.
4/1/2011
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 wafting through the window from the Marlborough man next door, the tacky fuscia paint job adorning the front door of the sweet old lady across the street, the prickly pear bushes planted down the street that the Santa Anas blow on your yard...
3/14/2011
  What does the average person envision when they think about the process of preparing and entering in a contractual arrangement? Well, based on every movie I saw in the 80’s, it consists of numerous people in business attire sitting across from each other in a board room, working ‘til all hours of the night over draft over draft of a written agreement. When an agreement has finally been reached, all the parties shake hands, sign the document (now the size of a phone...
1/30/2011
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 infliction of death or injury of another may recover for resulting emotional trauma even though he or she did not fear imminent physical harm. (See Dillon v. Legg (1968) 68 Cal. 2d 728, 746-747.)
12/15/2010
The Dangers Social Media and Blogging Pose to Your Medical Malpractice Suit By Benjamin J. Howard