Publications
Naked allegations of recklessness are sufficient to withstand preliminary objections.
The plaintiff in this matter was riding a zip line at a ski lodge when her legs forcefully struck the landing area. Her complaint alleged recklessness by the defendant, though no specific facts underpinning the reckless conduct were identified.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Assumption of risk unlikely to be a viable defense for preliminary objections.
The plaintiff in this matter alleged that he was harassed and assaulted by a deranged man while mentoring a student in the defendant restaurant, and he repeatedly requested help from the restaurant staff, which was ignored.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Negligent credentialing is a separate and independent claim from medical negligence, but a negligent credentialing claim cannot proceed without either a simultaneous or prior adjudication of or stipulation to medical negligence.
At issue was whether a hospital’s grant of staff privileges to a physician, otherwise known as credentialing a physician, confers a duty upon the hospital that is separate and independent of the duty the physician owes to the hospital’s patients.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Information regarding payments made to third parties in the course of exhausting PIP benefits is discoverable. Such payments do form the basis of a litigious issue that is not frivolous.
This suit involved a medical provider seeking payment on treatment rendered to the plaintiff on dates of service June 11, 2018 through July 30, 2018. The defendant asserted exhaustion of benefits as its affirmative defense.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Defendant’s motion for summary disposition/judgment granted because demand letter did not comply with statute where ledger attached to demand letter reflected a zero dollar balance.
The instant suit involved a plaintiff’s contention that a physician’s assistant reduction in a bill balance was improper. The bill in question was for date of service May 26, 2016, and involved CPT code 99204.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Summary judgment granted as defendant did not return plaintiff to status quo after failing to issue interest owed on premium refund check after rescinding the policy for material misrepresentation by the insured.
The instant suit involved a dispute between an insurance carrier and its insured, Jose Gonzalez. The claim involved a motor vehicle accident that was alleged to have occurred on September 09, 2019, involving the insured.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Trial court erred in dismissing medical provider-assignee’s statement of claim alleging breach of contract by insurer after considering consent judgment entered against a named insured in declaratory judgment action to which provider was not a party.
The 4th District Court of Appeal reversed and remanded the lower court’s order granting the defendant’s motion to dismiss against the plaintiff.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
No error in ordering repayment for services where reimbursement was initially denied because CPT code billed was not recognized by Medicare Part B or workers’ compensation fee schedules. The nature of the service controls, not the billed CPT code.
The 4th District Court of Appeal affirmed that the trial court correctly ruled that, when determining whether a CPT code is reimbursable under the Florida PIP Statute Section 627.736(5)(a)[1](f), the insurance company must look to the nature of th
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Work product privilege is waived where a party inadvertently produced incident report in discovery and delayed in asserting work product privilege.
This case stems from an automobile accident, where the defendant driver was working at the time of the accident and both he and his employer were named in the case.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Only an affirmative misrepresentation or fraudulent concealment of the actual medical cause of death will toll the two-year statute of limitations for survival or wrongful death cases.
The trial court granted a defendant’s motion for summary judgment in a wrongful death case because the matter was initiated after MCARE’s two-year statute of limitations period had run.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.