James Rosenblum’s commentary, ‘Insurance Bad Faith: Extra-contractual Damages Against Insurers for Failure to Settle in Connecticut’, was published in Mealey’s™ Litigation Report, July 13 Issue.
In May, 2009, James Rosenblum published an article about placental pathology and chorioamnionitis in obstetrical malpractice cases, in the Health Care Liability and Litigation Newsletter (American Health Lawyer’s Association). The article describes hematological factors related to inflammation of the placenta, how inflammation is demonstrated pathologically, and how brain damage results from inflammation.
Office Medical Records and the Risk of Litigation
In Feb, 2008, Mr. Rosenblum authored an article in the American Health Lawyers Association’s Health Information and Technology Practice Group Newsletter, on practices and safeguards on organizing and preserving medical records and maintaining effective office policies to minimize the trauma of producing records if litigation strikes.
When you mention “records” to health care providers—and especially their office administrators—they think “electronic medical records . . . HIPAA . . . computer systems . . . security vendors . . . incomprehensible terms and acronyms . . . huge expenses . . . disclosures nobody reads and nobody understands” and, alas, “aspirin.” Their lawyers, however, have nightmares about retrieving electronically hidden material on computer discs, flash drives, PDAs, or back-ups, not to mention finding venders to re-create “e-records.”
Reimbursement, Pay for Performance and the Standard of Care
In May, 2008, Mr. Rosenblum published an article in For The Defense, published by the Defense Research Institute, about the effect of pay-for-performance reimbursement strategies on the quality of health care and the courts’ definition of the standard of care in medical liability cases.
Competent health care is no longer enough. Now there is a pursuit of quality care, promoted in plans described as “pay for performance,” where quality and performance are defined broadly. What is the new definition of quality care and how does it affect the “standard of care” which lawyers are familiar with? To understand this evolution, it is helpful to have a brief review of major concerns and goals of health care delivery.
In May, 2007, James Rosenblum and James Biondo authored an article in the Health Law supplement to the Connecticut Law Tribune, on combating “prejudgment remedies” to freeze physicians’ assets in malpractice lawsuits.