CMS Prohibits Arbitration Provisions in LTC Admission Agreements

Centers for Medicare & Medicaid Services (CMS) seeks to provide basic protections to residents of long-term care (LTC) facilities in signing an agreement for the arbitration of disputes between residents and LTC facilities. On September 28, 2016, as part of a massive overhaul of consumer protections applicable to LTC facilities, CMS issued a rule prohibiting LTC facilities that accept Medicare … Read More

Beard St. Clair Acquires Unanimous Jury Verdict in Partnership Dispute

Attorneys Jeffrey Brunson and Lindsay Lofgran acquired a unanimous jury verdict finding the existence of a construction and excavation partnership between their client and another individual on April 2, 2015. Over the course of a three-day jury trial, the trial team presented evidence establishing that the parties verbally agreed to form a partnership to provide excavation and construction work, including … Read More

Business Defamation: Keep it to yourself

Sometimes I catch my 12 year-old daughter intensely muttering things to herself. This typically occurs after my wife or I have committed some perceived wrong, thereby wrecking her pre-teen life. When asked what she is saying she always says, “nothing.” My daughter wisely knows that the things she is saying to herself will get her in trouble if spoken to … Read More

The Business of the BBB

Lawyers get things done. A truism apparently learned by my 10-year-old son. During a recent recess at school he used such knowledge in his negotiations with a local mom who was volunteering her time. The bell had rung and it was time to go back to class. My son decided he needed more time on the playground. The local mom … Read More

The Appeal of Zeal

Letterman or Leno? That was the assignment handed out in my freshman year college English course. I was to debate which late-night talk show host was better against another student. We walked to the front of the class and exchanged oratorical parries and deflections. At the end of the carnage, my opponent said something to the effect of, “Hey man … Read More

Embracing Litigation

I sue people. In a conservative place like Idaho that job description could cause me to feel like an outcast. Ralph, from the animated movie Wreck it Ralph, captures this sentiment nicely. Ralph is a video game villain akin to the ghosts from Pac Man. In his video game, his job is to wreck things. In the movie Ralph states, … Read More

Lawsuit Avoidance

According to John Davenport, M.D., J.D., Chair of the family medicine department and an attorney and risk manager at Kaiser Permanente Orange County in Irvine, Calif., the typical family physician can expect to be sued about once every seven to 10 years. And the reasons for these lawsuits are endless. So what can you do to protect yourself? According to … Read More

Tips for Selecting Malpractice Insurance

Malpractice insurance is becoming an expense that more and more physicians can not afford. However, the costs a physician could incur to successfully defend a single claim of malpractice would likely exceed the annual premium for liability insurance, and this fact alone makes malpractice insurance a sound business expense. Deciding how much or what type of insurance to purchase is … Read More

Top Seven Reasons Doctors Get Sued

  There are myriad reasons why patients end up suing their physicians. According to the American Academy of Family Physicians here are the seven most common ones and tips for avoiding them. 1. Failure to diagnose or a delay in diagnosis This is the most common malpractice allegation made by patients. To prevent an incorrect or missed diagnosis, make sure … Read More

Creating Valid Liens

Lean on me When you’re not strong And I’ll be your friend I’ll help you carry on… – Bill Withers 1972 Leaning on a friend for help is one thing. Liening on real property is quite another. It doesn’t happen often, but when it does, it happens fast – a relationship sours or a check bounces and someone is left … Read More