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Medical Litigation Funding: How to Spot It and How to Fight It

March 26, 2021 BY Whitney Lay Greene | Professional Malpractice and Healthcare Litigation

On the surface, medical litigation funding and lien-based medical treatment provide a necessary service to individuals injured in an accident who would not otherwise be able to afford medical treatment. However, this noble veneer hides the potential ethical and legal turmoil of artificially inflated medical bills, questionable procedures, and a complex web of relationships between referral sources, medical providers, and third-party funding companies that may result from efforts to maximize an "investment" in the bodily injury claim or lawsuit. Skeptics of third-party funding believe these practices are at least partially to blame for the recent increase in so-called "nuclear verdicts" arising from seemingly ordinary cases. ... Continue Reading

To the victor goes the spoliation? Best practices for eDiscovery and the preservation of electronically stored information

November 29, 2019 BY Whitney Lay Greene | General Liability

eDiscovery is the procedure by which parties involved in litigation preserve, collect, review, and exchange information in electronic formats in order to use that information as evidence. Unlike taking a deposition or attending a hearing, eDiscovery is not a single action, but a series of linked actions which begin prior to the commencement of litigation and continue until the electronic information is presented at trial (if the case gets that far). ... Continue Reading

Best Practices for Handling Liability Claims Involving Medicare

November 30, 2018 BY Whitney Lay Greene | Workers Compensation

Overview of the Medicare Secondary Payer Act (MSPA) Until 1980, Medicare was the primary payer for all medical services covered by Medicare except those covered by Worker's Compensation. The MSPA was created in 1980 to attempt to shift costs from Medicare to other private payers. 42 U.S.C. § 1395y (1980). Pursuant to the MSPA, Medicare is the "secondary payer" to insurance plans and programs for individuals covered through (among other things) auto and other liability insurance or no-fault liability insurance. Id. ... Continue Reading

Clearing the Smokescreen: Evidence of Medical Bills Where the Underlying Accident was Covered by Workers' Compensation Insurance

October 18, 2016 BY Whitney Lay Greene | Workers Compensation

In Georgia, a personal injury plaintiff is entitled to recover all "reasonable and necessary" medical expenses arising from his or her injury. ... ... Continue Reading

Prior Traversal Of A Static Condition Remains Viable Grounds For Summary Judgment In Premises Liability Cases—For Now

August 04, 2015 BY Whitney Lay Greene | General Liability

Central to Georgia premises liability law is the requirement that the proprietor have superior knowledge of a hazardous condition on its premises in order to be liable for accidents and injuries ... Continue Reading

The Journal is a publication for the clients of Drew Eckl & Farnham, LLP. It is written in a general format and is not intended to be legal advice to any specific circumstance. Legal Opinions may vary when based upon subtle factual differences. All rights reserved. 

Editorial Board:

H. Michael Bagley
(Editor-in-chief)

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