McMenamin Law Offices

In painful profusion, news reports have detailed the indictments of several Floridians and their seven compounding pharmacy companies for health care and mail fraud amounting to $931 million. The government alleges that HealthRight, relentlessly described as a “telemedicine company,” persuaded…

Depending on the practice setting, one of the limitations of telemedicine may be an inability to get lab data on the patient. The distance separating the patient from the professional makes it difficult to permit even urinalysis, even though no…

Like many states, Pennsylvania has enacted a statute designed to protect peer review proceedings from discovery: the Peer Review Protection Act (PRPA), 63 P.S. §425. A recent case there, Reginelli v. Boggs, 2018 BL 104420 (Pa. March 27, 2018), available…

Advocates of tort reform promote the concept for a variety of reasons, but better patient care is not usually first on the list.  Citing the deterrent and corrective effect tort law is intended to achieve, opponents argue that tort reform…

About a year ago now, the MLO Blog reported on Va. Code § 54.1-2400.01:2, https://law.lis.virginia.gov/vacode/title54.1/chapter24/section54.1-2400.01:2/, then newly-enacted.  The statute, “Ophthalmic prescription defined; who may provide ophthalmic prescriptions,” provides that a “provider prescribing spectacles, eyeglasses, lenses, or contact lenses” could establish…

I have no crystal ball.  Occasionally, however, I make good guesses.   Recently, Fierce Healthcare reported that health system Northwell Health, https://www.northwell.edu, is evaluating drones to provide the “last mile of connectivity not only for audio, video and data, but…

Ryan Haight died from an overdose of controlled substances he purchased from an Internet pharmacy.  In response, Congress amended the federal Controlled Substances Act, 21 U.S.C. ch. 13 § 801 et seq., by enacting the statute named in his honor,…

As commonly understood in the medical world, a “fellowship” refers to a usually 1-3 year training program following a 3-5 year residency.  As a residency prepares a recent medical graduate for a specialty, a fellowship prepares him for a subspecialty.…

Around the turn of the century, a small group of health lawyers from around the globe recognized that, in due course, patients would seek healthcare  from health professionals in countries beyond their own national borders. The lawyers reckoned that, for…

Frustrated by a variety of alleged problems with its patient monitoring system, a hospital sued the monitoring software company on several theories. The hospital claimed that the system was both inaccurate and unreliable, in that on unpredictable occasions it would…