Health Law Bulletin Winter 2015 

Affordable Care Act opens door to challenging jury award of future medical expenses in med-mal cases

With universal health coverage fast becoming a reality under the Affordable Care Act, medical malpractice defendants are looking to challenge jury awards of future medical costs on the basis that they will be largely paid by health insurance.

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The bad medical outcome: A proactive response to a potential claim enhances your defense

A medical professional who has concerns that a patient may pursue a malpractice claim after a poor outcome of some kind can take immediate steps to more aggressively manage the risk of liability and strengthen the defense against the potential claim.

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U.S. Supreme Court: NC dental licensing board ran afoul of antitrust laws 

The U.S. Supreme Court recently ruled that the North Carolina Board of Dental Examiners – comprised primarily of practicing dentists elected by other practicing dentists – violated federal anti-trust laws by attempting to exclude non-dentist teeth whitening companies from offering their services.

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Avoid the uncertainties: Best practices for dealing with Health Care Powers of Attorney or Proxies

Uncertainty over decision making authority for an incompetent patient can delay medical treatments and potentially diminish the quality of health care for the patient.

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