Category: Medical Malpractice Litigation
Dec 3, 2021 - by Hinkle Law Firm
The Drug Enforcement Administration (DEA) is warning the public of a widespread fraud scheme in which telephone scammers impersonate DEA agents in an attempt to steal personal identifiable or sensitive information from doctors or other health care providers. These calls have been made to Kansas providers. The reported scam tactics […]
Aug 9, 2021 - by Hinkle Law Firm
On May 19, 2021, Governor Kelly approved and signed S.B. 78, a lengthy insurance bill, into law. This law relates to various aspects of insurance requirements. Most importantly, however, this law amends the Healthcare Stabilization Fund (the “Fund”) minimum professional liability insurance coverage requirements for all health care providers. Considering […]
Aug 9, 2021 - by Hinkle Law Firm
On April 9, 2021, Governor Kelly signed H.B. 2126 into law, which provides immunity to nursing home facilities from certain COVID-19-related claims. This is a long-awaited win for nursing home facilities, which were initially excluded from such immunity when it was provided to other healthcare providers in June 2020. By […]
Dec 14, 2020 - by Hinkle Law Firm
In general, telehealth practice standards and rules governing where and how telehealth may be used to deliver care is largely determined at the state level. Federal laws create some legal considerations for telehealth providers, including the limitations on the ability to prescribe controlled substances via telehealth under the Ryan Haight […]
Jun 25, 2020 - by Hinkle Law Firm
During the 2020 Special Session, the Kansas Legislature presented to Governor Laura Kelly HB 2016. HB 2016 is a response to the 2020 COVID-19 pandemic in Kansas. HB 2016 provides, among other things, certain relief related to healthcare issues during this public health emergency. Governor Kelly signed the bill on […]
May 19, 2020 - by Hinkle Law Firm
Text Messaging in the Workplace – Think Before You Send Text messaging has changed the way healthcare providers communicate with one another in the workplace. Most providers carry smartphones or tablets with them throughout the day, and many use these devices to send and receive patient data through encrypted text […]
Jun 26, 2019 - by Hinkle Law Firm
Since 1986 there has been a cap on “non-economic losses” (pain and suffering damages) in Kansas medical malpractice cases. As recently as 2012 the Kansas Supreme Court upheld the constitutionality of K.S.A. 60-19a02. Miller v Johnson, 295 Kan. 636, 289 P.3d 1098 (2012). However, Miller was overturned Friday June 14, […]
Feb 15, 2019 - by Hinkle Law Firm
Social media allows us to connect and share in ways that previously seemed unimaginable. But the ability to say whatever you want to whoever you want is not always a good thing. The internet is written in ink, and a single, thoughtless social media post could come back to haunt […]
Oct 19, 2018 - by Hinkle Law Firm
If you receive documentation from an attorney (or even a patient) suggesting that a lawsuit is on the horizon, such as a letter of representation, a demand letter, or a summons and petition, it is imperative that you take proactive steps to ensure that the all medical records are protected. […]
Oct 19, 2018 - by Hinkle Law Firm
Before purchasing malpractice insurance or planning their estates, physicians should be aware of the potential liability they may face in malpractice cases that involve injury or death. In either a personal injury or wrongful death case, there are two types of damages that a jury can award to a plaintiff: […]