The National Practitioner Data Bank (NPDB) is a digital database of information about adverse medical events, the practitioners involved in the event, and payments for medical malpractice that may have resulted. Created in 1986, the purpose of the NPDB is to centralize information about medical errors, negligence, and malpractice in order to reduce healthcare fraud and abuse. Generally speaking, NPDB reports are not publicly available. However, the information contained in these reports—including data about medical malpractice payments—is available to healthcare entities, like medical malpractice payers, healthcare plans, hospitals, licensing agencies, and state boards. Practitioners may also view their own NPDB reports. However, the NPDB does release some critical data that can be accessed by the public, namely reports of the number of malpractice incidents and payments by state and practitioner status. The NPDB Data Analysis Tool allows users to run reports on this data, generating insights into how medical malpractice awards are distributed across the country. When an adverse event is reported and the practitioners is found liable for medical malpractice related to that event, what needs to be reported to the NPDB? This article provides an overview. What Information Does the NPDB Collect?The National Practitioner Data Bank collects reports about health care practitioners, health care entities, providers, and suppliers who are involved in any of several different types of situations. Information collected (and reports generated) by the NPDB include:
In each category, the NPDB has particular rules about what information must be reported and by which party or parties. In some situations, one party is asked to report on or about another. For instance, a state medical board that takes a reportable action against a physician reports the action and the physicians’ identifying information. The action is added to the physician’s report and may be viewed by the physician, as well as by certain entities with a stake in the physician’s conduct, such as a hospital considering whether or not to extend privileges to that physician. What Payments Must Be Reported to the NPDB?Generally speaking, medical malpractice payments must be reported to the NPDB when they are made by, or made on behalf of, a particular individual physician. Payments that are related to a suit or claim against an entity like a hospital, but not against an individual, are not reported. The NPDB defines “medical malpractice payments” as exchanges of money made as a result of:
This definition covers both money settlements and judgments that follow courtroom verdicts, but it is not limited to claims filed in state or federal court. Claims that go through arbitration are also covered by these rules, and payments made as a result of arbitrated claims must also be reported to the NPDB. Both lump-sum and periodic payments must be reported. However, the report for periodic payments may be made when the first payment is made. A report for every separate periodic payment is not required. Who Must Report Payments to the NPDB?Any entity that makes a payment on behalf of a practitioner must report the payment to the NPDB. Common reporting entities include hospitals and other self-insured health care entities. When the NPDB was created, practitioners who made payments from their own personal funds had to report those payments as well. However, in 1993, the U.S. Court of Appeals for the D.C. Circuit determined that a practitioner who makes a payment out of their personal funds for their own benefit does not have to report the payment to the NPDB. If the practitioner is making the payment as part of a business, however—whether a professional corporation or as a sole practitioner—then he or she must report that payment to the NPDB. All payments must identify a specific practitioner to whom they relate. For instance, a lawsuit for medical malpractice may name a particular doctor or nurse. Any payments made in the lawsuit that are related to that doctor’s or nurse’s conduct must be reported to the NPDB with that doctor’s or nurse’s name attached. The NPDB has detailed rules for reporting payments in a number of settlement situations, including subrogation, high-low agreements, and other plans. To learn more, visit the NPDB website at npdb.hrsa.gov. The post The National Practitioner Data Bank: Reporting on Malpractice Payments and Adverse Events appeared first on The Expert Institute. from https://www.theexpertinstitute.com/the-national-practitioner-data-bank-reporting-on-malpractice-payments-and-adverse-events/
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The latest class action lawsuit against online retail giant, Amazon.com, calls into question one of the company’s biggest and most recognized draws – Amazon Prime. Class members of the lawsuit allege that Amazon wrongfully charged them for Amazon Prime memberships and engaged in false advertising of its services. This is not the first time that Amazon has been sued in connection to its Prime memberships, and the current lawsuit suggests that there may be more to come. The Lawsuit’s AllegationsAmazon Prime is a membership program that offers various perks to its members – most notably, free two-day shipping. Amazon Prime members pay $99 each year for the services, which also includes video and music streaming, photo storage, and early access to deals and sales. As a promotion for the program, Amazon offers a 30-day free trial. But at the end of the free trial, customers will be automatically charged the annual membership fee unless they cancel in advance. Are you looking for an expert witness? Click here to connect with a highly credentialed expert in any discipline.The recent class action lawsuit filed earlier this month against the company consists of a group of Amazon customers from California and Texas alleging that they were deceived into paying for unwanted Prime memberships. The plaintiffs in the suit allege that they purchased products from Amazon and unbeknownst to them, were charged for Prime memberships for years without their knowledge or consent. Once the plaintiffs discovered the unauthorized charges to their accounts, they allege that Amazon refused to provide refunds. According to the complaint, Amazon represented to its customers that they would not be charged for the Prime membership. No written terms regarding the price of membership were provided to plaintiffs. The complaint alleges that Amazon “knew that their representations and omissions were untrue and misleading, and deliberately made the aforementioned representations and omissions in order to deceive reasonable consumers.” The lawsuit, Laura Makenna, et al., v. Amazon.com LLC, 17-CV-04412, was filed in the United States District Court for the Northern District of California. It alleges that Amazon violated California and Texas consumer protection laws and the federal Electronic Funds Transfer Act. The plaintiffs, some of whom were charged $100 to $400 for Prime membership fees, are seeking damages and an order requiring Amazon to provide notice to its customers regarding their Prime marketing. Other Lawsuits Against AmazonThis isn’t the first time that Amazon was accused of wrongfully charging their customers for Prime services. Earlier this year, another class action lawsuit was filed against Amazon. The plaintiff in Latoya Christmas v. Amazon.com LLC, et al., 17-CV-01301, filed in the U.S. District Court for the Northern District of Illinois, alleged that her debit card was charged, without her consent or knowledge, for the purchase of Amazon goods and a $99 Amazon Prime membership. Although Amazon agreed to cancel the Prime membership and refund the $99 fee, Amazon then withdrew another $99 from plaintiff’s bank account, which was never credited back. According to the complaint, Amazon “concealed, suppressed and/or omitted” the fact that the plaintiff would be charged an additional $99 fee despite her cancellation of the Prime membership. The lawsuit seeks to represent a class of consumers who were wrongfully charged by Amazon for Prime memberships after they had already submitted cancellation requests of the service. The suit alleges that Amazon violated the Electronic Funds Transfer Act and the Illinois Consumer Fraud and Deceptive Business Practices Act. The plaintiff is seeking damages in the amount of $1,000 per violation of the Electronic Funds Transfer Act. Similarly, in Harris v. Amazon.com LLC, 16-CV-967, the plaintiff alleges that he was charged for Prime membership without his knowledge or consent. The lawsuit was originally filed in the Los Angeles Superior Court of California but was later removed to the United States District Court of the Central District of California under federal question and Class Action Fairness Act jurisdiction. Lead plaintiff, Gregory Harris, alleges that he was charged more than $100 for Amazon Prime after he purchased products from the retailer in June 2015. The complaint alleges that these actions constitute a “common scheme to mislead consumers and incentivize them to purchase products from its website.” The complaint further alleges that Amazon violated the California False Advertising Act by “making misrepresentations and untrue statements about its services, namely…that it would not charge [customers] for membership fees in order to purchase products on its website, and made false representations to Plaintiff and other putative class members in order to solicit these transactions.” The litigation of these class actions will require the assistance of various consumer fraud and products liabilities experts, particularly in light of Amazon’s experienced and innovative role in the online retail market. In order to establish a class action, it must be proven that the alleged conduct injured each proposed class member and that the damages can be determined by common proof. An expert versed in conducting empirical research could help break down the individual customer transactions on Amazon.com to find common issues pertaining to all customers. As the complaints against Amazon allege that the company engaged in false advertising and failed to disclose the Prime membership fees, a consumer fraud expert would be needed to establish the general practices in the online marketing industry and if Amazon deviated from said practices. The lawsuits also present technological issues, i.e., credit cards, debit cards, and checking accounts being debited without authorization. An expert in consumer finance can help describe the mechanisms that Amazon used to automatically charge their customers and whether said charges were adequately disclosed. Amazon is undoubtedly a retail giant that continues to gain traction in its industry. Consumers and litigants alike should keep a watch on any developments in these class action lawsuits, as they just might change the way Amazon conducts business in the future. The post Class Action Alleges Amazon Charged Customers for Unauthorized Prime Memberships appeared first on The Expert Institute. from https://www.theexpertinstitute.com/class-action-alleges-amazon-charged-customers-unauthorized-prime-memberships/ On August 21, 2017, a Los Angeles jury awarded a $417 million verdict against Johnson & Johnson based upon their failure to warn an elderly woman who had terminal ovarian cancer about the potential risks posed by using their talcum products. The lawsuit was based on the fact that the company failed to put proper warning labels on its products regarding their cancer causing risks. Eva Echevarria, the 63-year-old plaintiff, testified that she had used Johnson & Johnson’s talcum powder since she was 11 years old. She was diagnosed with ovarian cancer in 2007 and was unable to testify at her trial due to being in critical condition. Are you looking for an expert witness? Click here to connect with a highly credentialed expert in any discipline.Unfortunately Ms. Echevarria’s case is not unique, and there are currently 4,500 cases around the country that the company failed to properly heed the warnings in studies where its baby powder and shower products caused cancer. The jury award was broken up between $70 million in compensatory damages and $347 million in punitive damages. Punitive damages are meant to punish a defendant for wrongful conduct. With that size of a punitive damages award, the jury clearly felt that Johnson & Johnson’s conduct was reprehensible. We know that the company is going to try an appeal the verdict and we will not see a decision on the appeal for some time due to the lengthy appellate process. There were several scientific studies referenced during this trial. The company referenced a USDA study that had not found that talc products were carcinogenic. Another study from Harvard University examined 121,000 women, 78,630 of whom had used the company’s talc. Of those women, 307 of them were diagnosed with ovarian cancer. The study concluded that there was no link between the talc and cancer. In contrast, the plaintiff referenced a 1982 study that showed 92% of women who used talc on their private parts had an increased risk of ovarian cancer. It is this increased risk that took central stage on this case. Some believe that California was specifically chosen by the Plaintiffs because of the propensity of liberal jurors to award large damages to her. The argument regarding failure to warn stems in part that it should be the consumer who decides for themselves what the appropriate level of risk they want to take with their bodies rather than a conglomerate making that decision for them. This type of lawsuit has played out in other areas of the law such as cigarettes where a small plaintiff has to take on a huge conglomerate with special interests. We will have to wait and see what the appellate courts decide after the appellate process. The post Jury Awards $417 Million to Plaintiff in Talcum Powder Ovarian Cancer Suit appeared first on The Expert Institute. from https://www.theexpertinstitute.com/jury-awards-417-million-to-plaintiff-in-talcum-powder-ovarian-cancer-suit/
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AuthorHello this is Kirk Gibson I'm 25 years old living Austin, TX. I spend most of my time reading about legal stuff. I like to educate myself about law of the land. Archives
November 2017
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