Crittenden Medical Liability Conference
April, 2017. Mr. Rosenblum attended the Crittenden Medical Liability Conference in Miami, Fla.
Cyber Security and the Law
March, 2017. Mr. Rosenblum attended a 3-day conference on cyber security presented by Yale Center for Global Legal Challenges and the Yale Office of International Affairs in New Haven. The conference addressed cyber threats in business and in national security and increasing costs and complexity in addressing them. The focus was to bridge the divide between law, technology and business in cybersecurity. It included practitioners from leading law firms, cybersecurity technology experts, policy experts and academics working at the cutting edge of cybersecurity. It reviewed the technical threat landscape, the regulatory and legal landscape, and the process of making decisions about cyber-security. It also addressed ways to restructure the legal and regulatory landscape to better bridge the cyber-divide.
In particular, the program addressed the following topic:
- Vulnerabilities of networks
- Effective strategies for determining whether network vulnerabilities exist and the challenges faced in this regard
- Ways to safeguard networks including encryption and programs which divert malware into sinkholes
- Disadvantages of self-help remedies, such as hacking back and the limits of such remedies
- Use of international law enforcement to seek redress against cyber hackers / thefts and the limits of such remedies and
- The use, and limits of federal and local law enforcement in assisting privately owned networks
Presentation to Litigation Counsel of America
On Dec 2, 2016, James Rosenblum gave a presentation to the Litigation Counsel of America's Renaissance Symposium at the Harvard Club. The talk involved uncooperative clients and professional liability clients whose goals and approaches to litigation were divergent from their insurers.
James Rosenblum publishes article on extra contractual damages in PIAA Magazine
James Rosenblum published an article on theories of extra-contractual liability for alleged failure to settle claims in PIAA Magazine, published by Physicians Insurers Ass'n of America. The article is likely to be of interest to insurers facing such claims where exposure may exceed policy limits. It discusses traditional "bad faith" theories, as well as "negligent failure to settle" claims. It also provides guidelines for minimizing liability for such claims.
State Health Department Investigations
How cooperative are State Health Departments in investigating claims, providing information, answering questions, and negotiating resolutions. The answer is that little information is usually forthcoming and charges are often unnegotiable. Health care providers need to be prepared early for hearings, even where charges seem unfounded. Jim Biondo has successfully handled several investigations in New York and Connecticut. JBiondo@RosenblumNewfield.com He can provide clients with the challenges presented by such investigations and deft ways of negotiating with these governmental agencies and challenging potentially adverse decisions.
Grand Rounds Presentations at Yale-New Haven Medical Center
Jim Newfield has been invited to give Grand Rounds presentations to medical staff at Yale-New Haven Medical Center in the Department of Urology and Department of Orthopedic Surgery (Oct, 2016).
Policies and practices for managed long term care utilization review and fair hearings
Jim Newfield has counseled Managed Long Term Care plans regarding design and implementation of policies and practices for utilization review and fair hearings. He has also represented care providers in connection with Medicaid Fraud Control Unit (MFCU) investigations and proceedings and Office of Medicaid Inspector General (OMIG) audits, investigations and actions. He also represents employers in connection with Group Self-Insurance Trust (GSIT) exposure and litigation, including defense of such actions and prosecution of claims against Trusts and Trust professionals and agents.
Conferences and Seminars
Rosenblum Newfield Attends Legal, Medical and Insurance Seminars
Rosenblum Newfield invests in ongoing medical as well as legal education, including attendance at medical specialty and insurance conferences and seminars. Following is a list of the meetings that its attorneys have attended and will be attending in the future.
In April, Attorney Jim Rosenblum attended a conference on anesthesia practice management presented, in part, by Tulane University. The conference addressed consolidation in the healthcare industry and how it is affecting anesthesia groups in particular. Featured speakers included leaders of the North American Partners in Anesthesia (NAPA), and business consultants to such groups, including investment banking firms.
Issues included dealing with RFPs (requests for proposals to continue relationships with hospitals,), identifying and assessing potential merger partners, pros and cons of independent groups, financial assessments of groups, and related issues.
A featured recommendation to add value to anesthesia groups was to establish “peri-operative surgical homes.” The concept is an extension of “medical homes,” which are intended to coordinate care resources. Since “home” and “surgery” don’t seem like an ideal match, a new, more accurately descriptive terms is likely to emerge. The evident point, of course, is that surgical planning and management after the recovery room, are important components of care.
By enhancing these resources, anesthesia groups can help to solidify relationships with hospitals or out-patient centers where they work, with surgeons or proceduralists with whom they work, and of course, with patients.
Providers do an excellent job with in-patient care. However, studies have indicated that post-discharge follow-up can be very important, as well. Patients may be well-treated but not “cured.” The stress of undergoing medical care is also eased by having a reliable, on-going resource. Enhanced patient care throughout all phases is clearly good for patients and, presumably, for the bottom line.
James Rosenblum attended the New York School of Regional Anesthesia’s 13th Annual Symposium on Regional Anesthesia, Pain and Perioperative Medicine in September. The two-day conference offered sessions on regional and spinal anesthesia, including techniques and complications of ultrasonography.
Mr. Rosenblum gave a presentation on dealing with recalcitrant expert witnesses.
Chartis Defense Counsel Meeting, Wash., DC., Oct.
Litigation Counsel of America, Boston, Mass, Oct.
Presentations included diverse litigation issues from experienced counsel, including jury selection, issues in employment cases, etc.
Where Attorney J. Rosenblum talked about fetal inflammatory response syndrome as a defense to obstetrical liability claims.
Boston, Dec. 11- 12, ’09.
Defense Research Institute “Law Firm Best Practices,” New York, Dec 3-4, ’09
Physician Insurers Association of America Claims Conference, San Antonio, TX, Oct. ’09
The Humanities in Medicine, NY Acad of Medicine, Oct. ’09.
Insurance Coverage/Medical Liability, Crittendon, Philadelphia, Oct. ’09
Bad Faith Litigation and Extra-Contractual Damages, DRI, Boston, June, ’09
Obstetric Malpractice Liability, IQPC, Phila, Pa , Feb 24-25, ’09.
Placental pathology: Harvard Continuing Medical Education Program, on placental pathology at Mass General, Oct, 2008.
ASHRM, Boston, Oct., 2008.