Aaronson Rappaport Feinstein & Deutsch, LLP’s Post

4/5/24 ARFD defense verdict in Westchester County involving claims of life-long injuries to a 3-month-old infant and demand in excess of 25-million dollars -------------------------------------------- For the second time in the last few months, I would like to thank a carrier for having the faith and courage to adopt an aggressive defense strategy, in this case to try a high-exposure matter involving an infant-plaintiff to verdict (the first trial in New York for this carrier). After a trial that began with jury selection in mid-March, followed by three weeks of aggressive prosecution at trial by plaintiff’s counsel, on April 5, 2024, I, along with my colleague Sara Silverhardt, were able to secure a defense verdict on behalf of a pediatric gastroenterologist  in Westchester County. Plaintiff claimed that there was a failure to consider an anorectal malformation (severe anal stenosis) and perform a digital rectal exam in a three-month-old infant, resulting in a 12-week delay in diagnosis causing alleged colonic neuropathy, and as a result the infant-plaintiff suffering a ‘loss of chance’ of regaining complete continence. It was claimed the infant-plaintiff would never achieve a ‘leak-free life’, would require life-long bowel management, up to three additional surgeries, and have lifetime psychological issues. The plaintiff asked for damages in excess of 25-million dollars. At trial, we were able to demonstrate that: the infant-plaintiff had other relevant congenital anomalies at birth associated with her condition, including a mega rectum and recto-vaginal fistula, and was unfortunately going to require lifelong bowel management regardless of timing of diagnosis; that the current bowel management was deficient and the reason for current motility issues; that the purpose of the pediatric GI visit was only for an upper-GI related issue, thus did not mandate the need for a digital rectal exam; that photographs taken more than two days after the subject visit were not probative of whether abdominal distention existed on the day of the visit. We, in conjunction with our collaborative co-defendant (representing a medical group for a separate pediatric visit), vigorously challenged all of plaintiffs’ experts, and presented well-credentialed experts to refute plaintiffs’ claims, including a world-renown pediatric surgeon, who operated on the infant-pliantiff and had never testified in court in his 40-year career. Following over three hours of summations by all parties, the jury was given the case late in the day on 4/4/24, and the following day, after approximately three total hours of deliberations, rendered a unanimous 6-0 finding of no liability as to our client, as well as a 6-0 finding of no liability as to the co-defendant medical practice. www.arfdlaw.com

ARFD obtains from First Department reversal of a 41-page summary judgment denial, dismissing remainder of case on eve of trial!   The matter involved claims of improperly performed cosmetic and functional nasal surgery, and was very aggressively litigated over seven years. The lawsuit initially alleged eight causes of action, including fraud, and forgery, and sought punitive damages exposing the defendants to uninsured liabilities. The settlement demand was in excess of one million dollars.   Partner Lawrence W. Rosenblatt and his team pushed back on these causes of action, getting four of them dismissed on a CPLR 3211 motion. At the conclusion of discovery, a summary judgment was filed to dismiss the remaining four causes of action sounding in medical malpractice, informed consent, breach of contract, and forgery. In a 41-page decision, the New York County trial court summarily denied summary judgment to all defendants on all causes of action. Mr. Rosenblatt lobbied the carrier to file an appeal and a Notice of Appeal was filed. The trial court scheduled trial for early 2024. Mr. Rosenblatt engaged his appellate partner Elliott Zucker to manage the appellate process.   While Mr. Rosenblatt and his team prepared for trial, Mr. Zucker perfected the appeal and pushed to have the matter argued before trial was to commence. Mr. Zucker then argued the appeal before the First Department, highlighting the weaknesses in both the plaintiff’s underlying claims, as well as the trial court’s decision. Following oral argument, and with jury selection three weeks away, Mr. Zucker moved the First Department for an emergent stay of trial, given the trial court would not adjourn the trial. Plaintiff opposed this application.   In what is a very rare occurrence, one week before jury selection was to commence the First Department granted ARFD’s application for a stay of trial pending its decision on the appeal. The following week, the First Department issued a decision fully reversing the trial court’s 41-page summary judgment denial. In doing so, it adopted almost the entirety of Mr. Zucker’s arguments.   Thank you to the clients and carrier for having the confidence in ARFD’s litigation strategy to allow for an aggressive litigation to fully exonerate the medical providers.   www.arfdlaw.com

For Ob/Gyn practices, there is a new CPT® code available for use in 2024. Add on code +99459 for pelvic exam was created to capture the practice expense only for time spent by clinical staff associated with chaperoning a pelvic exam. Per the federal register, “The PE RVUs are listed correctly with 0.68 RVUs for non-facility and “NA” for facility, as there are no direct-PE inputs for this code in the facility setting.” Because this code is practice expense only, this add on code may only be used in a non-facility setting. It may not be billed as a stand-alone service and should be used with either the appropriate office visit code or may also be used with a preventive visit code. While payors are incorporating this code into their policies, it remains unclear in what circumstances it will be a paid service. For example, one UHC preventive care policy for commercial and individual exchange plans has this code listed, yet states “CPT code 99459 may not be payable in all circumstances due to other policies or guidelines.” Be sure to review all policies that may have overlap to better understand when and how to properly capture and bill using this code. If your practice is planning to utilize add-on code +99459, or any of the other CPT® codes new to 2024, reach out to The Rybar Group and have our team of dedicated experts assist with the implementation process.

#BusinessLawToday | In dismissing the suit against Welsh Carson but not U.S. Anesthesia Partners, the court emphasized the firm's status as a minority, noncontrolling investor. Read: https://ow.ly/JtsS50SMs3f Barbara Sicalide Drew Mann Bradley Smutek Troutman Pepper Hamilton Sanders LLP #BusinessLaw #BusinessRegulation #RegulatedIndustries #SecuritiesLaw

WHY CHOOSE TRIVENT LEGAL? 5 Compelling Reasons to Choose Trivent Legal for Your Medico-Legal Needs In today's complex legal landscape, choosing the right partner for your medico-legal requirements is crucial. Trivent Legal stands out as the ideal choice for several reasons: 💼 Expert Medical Partners: With access to over 200 specialized medical experts, Trivent Legal offers tailored insights and strategies for your success. 🤝 Your Legal Best Friend: At Trivent Legal, we prioritize personalized attention and care. We understand the intricacies of each case and guide you through every step. 💰 Affordable Excellence: We believe that quality legal assistance should be accessible to all. With Trivent Legal, you'll receive premium support without breaking the bank. 🌀 Simplicity in Complexity: Legal matters can often be convoluted, but with Trivent Legal, you can expect clear and straightforward solutions. 🎯 Unparalleled Precision: At Trivent Legal, precision is our hallmark. We guarantee 99.9% accuracy in all our services, delivering best results for your case. Expand your legal journey with Trivent Legal, your trusted partner in medico-legal matters. Contact us now to experience our ability and commitment in achieving your legal objectives. Contact Us for a Free Trial today https://triventlegal.com/ #medicalmalpractice #TriventLegal #MedicalChronology #LegalServices #medicalopinion #attorney #MedicalExpertise #attorneysatlaw #attorneygeneral #personalinjurylawyer #medicalrecordreview  #attorneyproblems #MedicalExpertise 

The 5 skills necessary for private practice ownership https://bit.ly/3T4UuOP

This Weeks Civil Procedure, Med Mal, and PI Opinions Danhoff v. Fahim Court: Michigan Supreme Court Docket: 163120 Opinion Date: July 8, 2024 Judge: BOLDEN Areas of Law: Civil Procedure, Medical Malpractice, Personal Injury Lynda Danhoff and her husband, Daniel Danhoff, filed a medical malpractice lawsuit against Daniel K. Fahim, M.D., and others, alleging that Fahim and Kenneth P. D’Andrea, D.O., had committed malpractice by perforating Lynda’s sigmoid colon during a surgical procedure. Following the procedure, Lynda experienced complications, including pain, fever, and elevated body temperature and blood pressure. A CT scan revealed that there was “free air and free material” outside Lynda’s colon, and Lynda had to have another surgical procedure to correct this issue. Lynda had four more surgeries to correct the perforation, which led to permanent medical conditions. The defendants moved for summary disposition, arguing that the plaintiffs had failed to establish the standard of care or causation. The trial court found that the affidavit of merit submitted by plaintiffs’ expert was not sufficiently reliable to admit his testimony because the expert had failed to cite any published medical literature or other authority to support his opinion that defendants had breached the standard of care. The plaintiffs moved for reconsideration and submitted another affidavit from their expert. The trial court denied the motion, concluding that the opinions of plaintiffs’ expert still were not supported by reliable principles and methods or by the relevant community of experts. The plaintiffs appealed, and the Court of Appeals affirmed the trial court's decision. The Michigan Supreme Court, however, reversed the lower courts' decisions. The Supreme Court held that the trial court abused its discretion by inadequately assessing the reliability of a standard-of-care expert witness without appropriately analyzing the proposed testimony under MRE 702 or the reliability factors of MCL 600.2955. The court emphasized that neither MRE 702 nor MCL 600.2955 requires a trial court to exclude the testimony of a plaintiff’s expert on the basis of the plaintiff’s failure to support their expert’s claims with published literature. The court concluded that the lower courts erred by focusing so strictly on plaintiffs’ inability to support their expert’s opinions with published literature such that it was inadmissible under MRE 702. The case was reversed and remanded.

Want to open up your own practice but don’t know where to start? What if you didn't have to go it alone? Become a member today: https://lnkd.in/e4Ue3NZU #FDA #FDAMembership #DentalPractice

NEW JERSEY MEDICAL MALPRACTICE ATTORNEYS 🩺 Of course, our society trusts hospitals and medical professionals to take care of us when we are sick. Indeed, most people put a special trust in the doctors, nurses, surgeons, and other medical professionals who treat us. However, medical professionals are human. They sometimes make mistakes. When they make a mistake, the injured patient may need to consult with an experienced New Jersey medical malpractice attorney. Read More: https://lnkd.in/eRVe7EAN #personalinjury #madical #malpractice #attorneys #newjersey https://lnkd.in/eRVe7EAN

Navigating the complex world of licensing and credentialing can be daunting. With varying state requirements, extensive documentation, and ever-changing regulations, it's easy to feel overwhelmed. Partnering with a knowledgeable dental attorney with a national presence can be a game-changer. These legal experts who specialize in dental law can guide you through the intricate requirements across different jurisdictions. They'll assist with documentation, represent you in disputes, and save you valuable time and resources. With their expertise, you can focus on what truly matters – providing exceptional patient care and growing your practice. Don't let the legal complexities hold you back. Cohen Law Firm is available to help in even the toughest situations. Contact us today and read below for more information! #dental #lawfirm #legalnews #news #legal #attorneys #lawyers #dallaslawfirm #seattlelawfirm #dallas #seattle #dentallawfirm #dentalpracticesales #dentalpracticetransitions #dentalindustry