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Responding to Transformative Change in Healthcare

Today's healthcare sector is facing unprecedented challenges as it undergoes transformational change in the post Affordable Care Act (ACA) environment. Healthcare organizations are attempting to execute strategies designed to enhance their organization's ability to achieve high quality, cost efficient care, even as they are confronted with unrelenting public policy and regulatory challenges.


Supreme Court Affirms Affordable Healthcare: Time to Move On

In June, the Supreme Court decided in favor of the federal government in yet another challenge to the Affordable Care Act.


Healthcare Billing Under the Regulatory Microscope

Today, healthcare providers face heightened financial risk as their billing practices come under increased scrutiny.  Federal and state government regulators are dedicating unprecedented resources to recover monies paid under Medicare, Medicaid, and TRICARE (the health care program for the military) reimbursement programs.  Commercial payors also are investigating provider billing procedures to detect improper coding and double-billing practices.   Healthcare fraud recoveries reach into the billions of dollars annually to restore valuable assets to federally funded programs and prevent billions more in losses.


Telehealth Care Platform Presents New Insurance Challenges

Telehealth is a burgeoning industry in markets worldwide. The global telemedicine industry is expected to reach $35 billion by 2020. Medical industry statistics project that telemedicine consultations will surge to 160 million cases by 2020, a 700 percent increase since 2015.


Increased Loss Severity in Healthcare Liability Claims

The principal challenges faced by healthcare liability insurance carriers have remained constant since the crisis of the late 2000s, including poor investment returns, decreasing premiums, eroding rate, and expanding coverage demands.  Today, these challenges are being exacerbated by the continued consolidation of the healthcare sector, as well as increased loss severity.  Meaningful pricing correction is needed.  


Lottery Mentality of Today’s Juries – How Much is Enough?

People’s perspective of what is a lot of money continues to escalate. How much is enough? How much is too much? Never has this lottery mentality been more on display than in recent jury awards related to healthcare lawsuits. While the frequency of healthcare professional liability claims may have stabilized or even shown slight declines, the increased severity of such claims has been staggering.


Robotics in the Operating Room Gives Surgeons Greater Control, Improves Patient Outcomes

They’re here.  Robotics in the operating room is happening now and is the fastest growing segment within the healthcare medical device sector.  The myth of robots actually performing surgery is finally being dispelled. Robotics systems offer a tool for the surgeon to aid in surgical procedures for greater flexibility, precision and control. Patients benefit from improved medical outcomes and faster recovery times.   


From the Field – AI and the black box – who is liable when no one is at fault?

AI is already on its way to transforming healthcare delivery and improving patient outcomes. However, while AI, Machine Learning, and Robotics are all designed to reduce human error and increase the predictability of patient care, they also create new risks across the healthcare liability landscape. In this post, we will consider what happens when lawsuits get ahead of science, insurance considerations in this new liability landscape, and possible modifications to legal doctrine to address this new science.