Partner Bill Settles presented to the 8th Annual Midwest Regional NICU Conference on August 22, 2013. This conference was sponsored by the Nebraska Neonatal Advanced Practice Association and was attended by nurses, nurse practitioners and physicians assistants who practice in the neonatal intensive care setting. The subject matter dealt with common charting errors and their role in litigation as well as emerging problems with the use of social media in medicine. The presentation outlined the six most common problems that charting can present in the defense of a medical malpractice case and how to avoid them. The growing number of disciplinary actions against licensed health care providers arising out of the use of social media was also discussed. Issues relating to patient confidentiality, HIPPA violations, and patient privacy were discussed and some best practices were outlined.
Katie French has joined our Business Department as an associate attorney after clerking for the Firm for several years. Ms. French graduated from Creighton University School of Law. She also received her bachelor’s degree from Creighton University, majoring in Economics. While at Creighton, she was selected as research assistant to Professor Catherine Brooks. Ms. French participated in the Street Law program, where she taught legal topics to seventh grade students at Sacred Heart School. In addition, she was a semi-finalist in the school’s client counseling competition.
Douglas Amen has joined our Litigation Department as an associate attorney. He received his law degree from Creighton University School of Law and bachelor’s degrees in Political Science and Economics from the University of Wisconsin. While at Creighton School of Law, he was a semi-finalist in the National Criminal Trial Advocacy Competition in Chicago, Illinois, the Intra-School Negotiation’s Champion and competed in the ABA Regional Negotiation Competition in Minneapolis, Minnesota.
David Voorman has joined our Litigation Department as an associate attorney. He received his law degree from the University of Nebraska College of Law emphasizing in Civil Litigation and Constitutional Law. He received his bachelor’s degree in History and Communications from Concordia University in Nebraska. Prior to attending law school, Mr. Voorman worked at the White House in Washington, D.C., serving both the George W. Bush and Barack Obama Administrations in the Office of Records Management.
LDM would like to recognize the accomplishments of two of its clients, Midwest Independent Practice Physicians Association and Midwest Independent Physicians, LLC, for the successful development of its health care insurance plans. The insurance plans are identified as “MIPPA” with Coventry as the company provider and all of their plans are currently available for enrollment on the Nebraska health insurance exchange with options under Bronze, Silver and Gold plans.
The American Board of Trial Advocates (ABOTA) elected LDM partner Bill Settles to its membership at its June meeting. ABOTA is one of the premier trial advocacy organizations in the country. Membership in ABOTA is limited to trial attorneys with extensive courtroom experience who exhibit high personal character, who have an honorable reputation, and who are proficient in the courtroom. Membership requires nomination by a member of ABOTA and an affirmative vote by 75% of the membership of both the local and national ABOTA chapters. The Firm congratulates Mr. Settles on this exceptional honor.
LDM would like to welcome three new Law Clerks to the Firm this summer as well as a new Human Resources Manager.
Kate Geyer will be a 3rd year law student at University of Nebraska at Lincoln where she also received her Bachelor’s degree in History and Medieval & Renaissance Studies. Jonathan Cox will be a 2nd year law student at Creighton University. He received his Bachelor’s degree from University of Northern Colorado with a B.S. in Business Administration. Ryan Crnkovich will be a 2nd year law student at Creighton University and also received his B.S. degree from Creighton in Business Administration.
Mary Beth Bisignano has over 15 years of experience in Human Resources and most recently worked for Medico Insurance Company where she was Human Resources Manager. She graduated from Creighton University with a B.A. in Organizational Communication.
LDM attorneys Mark Novotny, John Walker and Sarah Macdissi recently obtained a ruling from the Nebraska Supreme Court affirming a dismissal of the plaintiff’s complaint against a Physical Therapy clinic based on the plaintiff’s failure to timely file her lawsuit. In Churchill v. Columbus Community Hospital, the Court agreed that Physical Therapists are professionals, and that the patient’s fall in exiting an aquatic therapy pool, after being evaluated by her therapist for her ability to ambulate, was an action sounding in professional negligence. The plaintiff’s complaint was therefore subject to the professional limitations period, and dismissed for failing to be timely filed.
President Obama’s new budget seeks an increase in estate taxes.
Although the ink is barely dry on the American Taxpayer Relief Act of 2012 (the “2012 Tax Act”) which became effective in January of 2013, President Obama’s new budget includes a proposed increase to estate and gift taxes. Under current law, which was enacted as part of the “Fiscal Cliff” negotiations, estates are subject to a 40% tax on values in excess of $5,250,000. In his recent budget proposal, the President would reduce the estate/gift exemption to $3,500,000 and increase the applicable tax rate to 45% of any amount that exceeds that exemption amount.
In the April 16, 2013 edition of the Wall Street Journal, the editors comment unfavorably on the President’s proposal and opine that the GOP is certainly going to resist the President’s efforts to change existing law.
The editors go on to observe that it is too soon to know if the President is serious about this part of his budget initiative or if the proposal is simply a bargaining chip to be exchanged for other provisions in his budget. To read the full article, visit http://online.wsj.com/article/SB10001424127887323346304578422763444261352.html
Partners Mark Novotny and Denise Destache recently participated in the dinner and presentation to 86 medical residents from the University of Nebraska Medical Center discussing issues of Nebraska state licensure investigations, prescription of controlled substances and documentation. The presentation was in conjunction with attempts to prepare physicians in the area of risk management.
Law school graduates in the Midlands have a brighter prospect of being hired than those on the coasts. Admission to law schools for the fall, has decreased nationally. In a recent article in the Omaha World Herald, partner Brian Brislen relates that new graduate hires, at the firm has actually increased this year compared to the previous two. Competition for these positions has grown with the increase in the number of graduates. You can read the full story at http://www.omaha.com/article/20130409/MONEY/704099961/1685
LDM attorneys Craig Martin and Jason Grams convinced a jury that their client, a local university, did not discriminate against one of its students. The student alleged that he was removed from the Nursing Program because of his disability. The university disagreed, asserting that the student was removed from the Nursing Program because he failed to meet the expectations of a senior nursing student.
The trial took four days to complete, and involved numerous exhibits and testimony from administrators, professors and students. The jury returned a unanimous verdict in favor of the university.
Discrimination claims against educational institutions, like those against employers, are difficult because of the sympathies engendered by a plaintiff. LDM and the university were pleased that the jury looked beyond these sympathies and to the facts underlying the university’s decision to remove the student from the Nursing Program.