Avoiding Legal Challenges Presentation to Residency Program Directors at Boston Medical Center
Honesty may be a good policy when providing physicians-in-training with feedback, but not all feedback is welcomed and some can prompt adverse reactions by the recipient. HMDR&S Principal Attorneys John Reardon and Bob Hamel recently presented to the Residency Program Directors at Boston Medical Center on the responsibilities of the reviewing physician in providing feedback to residents without prompting employment lawsuits. In a seminar entitled “Avoiding Legal Challenges: Giving Honest Feedback to Your Resident” John and Bob were able to provide attendees with guidelines for giving feedback along with real examples of cases from their many years of experience in counseling healthcare providers and institutions in employment related matters.
HMDR&S Names Senior Attorneys
HMDR&S proudly announces the promotion of Jennifer C. Sheehan, Christopher C. Miller, Thomas (Toby) Bright, and Brian E. Sopp to the position of Senior Attorney.
The FLSA Overtime Rule: A Shifting Legal Landscape
By Attorney Brian Sopp
A shifting legal landscape can create uncertainty and raise unforeseen challenges for employers seeking predictability in the marketplace. A recent request for public comment issued by the U.S. Department of Labor regarding the Fair Labor Standards Act’s Overtime Rule provides one stark example of how such uncertainty can arise. At the same time, however, it also provides an opportunity for employers to ensure they understand the current Overtime Rule and how they might be affected in the future by potential changes in the law.
To read more from this legal bulletin by Brian Sopp, click here.
Mass Appeals Court Says Liability Can Be Reasonably Clear Under Chapter 93A and 176D Even With Other Identified Joint Tortfeasors By Attorney Louise Saunders
The Massachusetts Appeals Court recently further articulated when liability can be “reasonably clear” for purposes of the Massachusetts Consumer Protection Statue, Chapters 93A and 176D, and in the context of matters involving more than one possible tortfeasor. In McLaughlin & another v. American States Insurance Company, the Appeals Court determined that an insurer cannot escape its responsibility to offer a settlement once a policyholder’s liability becomes reasonably clear, even if the liability of other wrongdoers’ is still in question.
To read more from this legal Bulletin by Louise Saunders, click here.
The Supreme Judicial Court Expands the Scope of the “Mode of Operation” Approach to Premises Liability
By Attorney Jenny Sheehan
The Massachusetts Supreme Judicial Court (“SJC”) recently issued a decision which could potentially expand the application of the “mode of operation” theory in premises liability cases. In Bowers v. P. Wiles, Inc.¹, SJC-11923 (July 28, 2016) (slip opinion), the SJC found that this theory applied to landscaping and similar aesthetic decisions made by a retailer regarding its retail space, and not, as has previously been the case, only in cases where the claimed injury was a direct result of a retailer’s customers being permitted to directly access the goods for sale.
To read more from this legal Bulletin by Jenny Sheehan, click here.
Automated Claims Reporting and Not So ‘Best Practices’ Result in Multi-Million Dollar Judgment Against Insurer By Attorneys Matt Sweet and Jenny Sheehan
A recent case from the Massachusetts Supreme Judicial Court may not represent a ground breaking change in insurance law, but it certainly provides some valuable lessons in best practices for claims handling. The practical result of the opinion in Boyle v. Zurich American Insurance Company, 472 Mass. 649 (2015), is that Zurich American Insurance Company was required to pay over $4 million in a case where the policy at issue had a limit of $50,000, and where there was no finding that the insurer had violated M.G.L. c. 93A.
To read more from this legal bulletin by Matt Sweet and Jenny Sheehan, click here.
Vincent Dunn and Toby Bright published an article discussing their experience defending against the Dental Professional Review and Evaluation Program (D-PREP) in the Physician Insurer’s Association of America (PIAA) recent issue of Inside Medical Liability. Read “The Dental Professional Review and Evaluation Program: Lessons and Implications for Professional License Defense” here.
Toby Bright provides an overview of the professional licensing board disciplinary process and dispels common misconceptions individuals often have when they become the subject of a Professional Licensing Board disciplinary proceeding. Please read Toby's article here.
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