The Twelfth Appellate District of Ohio has revisited a medical malpractice case, *Smith v. Mercy Health-Clermont Hosp., L.L.C.*, granting a request for reconsideration from the original plaintiff, Stephanie Smith. The court, while acknowledging a recent Ohio Supreme Court decision that altered the legal landscape, ultimately upheld its previous decision to…
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Court Upholds Dismissal of False Claims Act Case Against Pearland Hospital
The Fifth Circuit Court of Appeals has affirmed the dismissal of a lawsuit brought under the False Claims Act (FCA) against Encompass Health Rehabilitation Hospital of Pearland, L.L.C. (Encompass). The case, brought by former sales representative Deidra Gentry, alleged that Encompass submitted false claims to Medicare. The court found that…
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Medicare Advantage Plans Lose Court Battle Over Star Ratings
The Centers for Medicare and Medicaid Services (CMS) uses a star rating system to evaluate the quality of health insurance plans. These ratings, ranging from one to five stars, significantly influence a plan’s advertising potential and the amount of money it receives from CMS. Blue Cross and Blue Shield of…
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Georgia Appeals Court Reverses Summary Judgment in Medical Malpractice Case
The Georgia Court of Appeals has overturned a lower court’s decision that granted summary judgment in a medical malpractice case involving a patient who died at Coffee Regional Medical Center in 2020. The appellate court found that the trial court erred in several key areas, particularly regarding the application of…
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Oregon Right to Life Wins Round in Abortion Coverage Fight
The Ninth Circuit Court of Appeals has sided with Oregon Right to Life (ORTL) in its legal battle over the state’s Reproductive Health Equity Act (RHEA). The court reversed a lower court’s decision to dismiss ORTL’s complaint, effectively giving the organization a win in the early stages of the case.…
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Healthcare Fraud Sentence Upheld: Court Says Judge Acted Within Discretion
The Eleventh Circuit Court of Appeals has upheld the 39-month prison sentence of Tania Cesar for her role in a healthcare fraud scheme. Cesar argued that her sentence was too harsh, claiming the district court improperly prioritized the need for deterrence over mitigating factors in her case. However, the appeals…
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Mental Health Commitment Overturned: Court Finds Insufficient Evidence
The 13th District Court of Appeals in Texas has overturned a lower court’s decision to commit an individual, identified as L.S. Jr., to a mental hospital for temporary in-patient mental health services. The appellate court also reversed the order compelling the hospital to administer psychoactive medication. The ruling, delivered by…
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Court Upholds Verdict in Medical Malpractice Case Despite Witness Oath Error
A recent ruling by the Ohio First District Court of Appeals has affirmed a lower court’s decision in a medical malpractice case, even though a key defense witness wasn’t initially sworn in before testifying. The case, *Gilbert v. Welter*, highlights the importance of timely objections during trials and clarifies the…
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Dog Owner Convicted After Pit Bulls Attack Child
Ray Lee Cockrell has been found guilty of injury to a child by omission after his pit bulls attacked a visiting grandchild, Nathan Smith. The incident occurred when the dogs left Cockrell’s property and encountered Nathan in the woods. The Bowie County jury delivered a guilty verdict and sentenced Cockrell…
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Pharmacist Loses Appeal, Exclusion from Federal Healthcare Programs Upheld
The Eleventh Circuit Court of Appeals has upheld a lower court’s decision to exclude pharmacist Wilton Clinton Meeks, III from participating in any federally funded healthcare programs for seven years. The ruling stems from Meeks’s 2018 guilty plea to acquiring Oxycodone by misrepresentation, deception, or subterfuge. The court found that…