Hospitals: Medical and Surgical
This industry comprises establishments known and licensed as general medical and surgical hospitals primarily engaged in providing diagnostic and medical treatment (both surgical and nonsurgical) to inpatients with any of a wide variety of medical conditions. These establishments maintain inpatient beds and provide patients with food services that meet their nutritional requirements. These hospitals have an organized staff of physicians and other medical staff to provide patient care services. These establishments usually provide other services, such as outpatient services, anatomical pathology services, diagnostic X-ray services, clinical laboratory services, operating room services for a variety of procedures, and pharmacy services.
U.S. Appellate Court Affirms Witness’s Exclusion—Cites New Rule 702 but Follows Abrogated Precedent Instead
The district court in this case excluded the testimony of the plaintiffs’ medical expert witness in this medical malpractice case, citing Rule 702, resulting in a summary judgment against the plaintiffs. The plaintiffs appealed, but the circuit court affirmed the district court, citing Rule 702 in affirming the exclusion of the plaintiffs’ witness. Even though the 2023 amended Rule 702 was cited, the circuit court reverted back to the pre-amended Rule 702 to bolster its exclusion of the witness.
Rodriguez v. Hosp. San Cristobal, Inc.
The district court in this case excluded the testimony of the plaintiffs’ medical expert witness in this medical malpractice case, citing Rule 702, resulting in a summary judgment against the plaintiffs. The plaintiffs appealed, but the circuit court affirmed the district court, citing Rule 702 in affirming the exclusion of the plaintiffs’ witness. Even though the 2023 amended Rule 702 was cited, the circuit court reverted back to the pre-amended Rule 702 to bolster its exclusion of the witness.
Commercial Reasonableness: Defining Practical Concepts and Determining Compliance in Healthcare Transactions for Physician Services
Financial relationships between hospitals and physicians must be both commercially reasonable and at fair market value (FMV) to meet certain regulatory requirements. Ensuring compliance with these requirements is critical--failing to do so could invoke sanctions and penalties related to the Stark Law, the Anti-Kickback Statute, the False Claims Act (FCA), and Internal Revenue Service 501(c)(3) status for tax-exempt entities. As such, a thorough understanding of these requirements is necessary to ensure compliance in transactions between hospitals and physicians, as well as other parties with referral relationships within the healthcare environment.
Trustee Claims Bankruptcy Court Flouted Valuation Rules
District court affirms bankruptcy court’s valuation of hospital under income approach and finds its treating a $20.6 million capital transfer as surplus rather than a necessary asset for operations is not double counting and is reasonable under the facts ...
Alberts v. HCA, Inc.
District court affirms bankruptcy court’s valuation of hospital under income approach and finds its treating a $20.6 million capital transfer as surplus rather than a necessary asset for operations is not double counting and is reasonable under the facts ...
Daubert Does Not Require Certification for Damages Expert
Court affirms that Daubert does not require an expert to be certified in accounting or another specialty, so long as he/she possesses the requisite knowledge and experience; and it admits testimony of hospital turnaround and restructuring expert in case a ...
Natchez Regional Medical Center v. Quorum Health Resources, LLC
Court affirms that Daubert does not require an expert to be certified in accounting or another specialty, so long as he/she possesses the requisite knowledge and experience; and it admits testimony of hospital turnaround and restructuring expert in case a ...
Bankruptcy Court Exposes ‘Perils’ of DCF Without Good Expert Evidence
In fraudulent conveyance action, court admits errors in its own discounted cash flow valuation of hospital, but denies motion to reconsider, finding the trustee has the burden to present competent expert evidence regarding reasonably equivalent value.
Defendants’ Failure to Offer Damages Expert May Have Cost Millions
Court affirms over $8 million in lost profits damages due to fraud in sale of medical surgery center, based on plaintiff’s expert evidence and absence of contradicting evidence from defendants.
In re Greater Southeast Community Hospital Corp. (III)
In fraudulent conveyance action, court admits errors in its own discounted cash flow valuation of hospital, but denies motion to reconsider, finding the trustee has the burden to present competent expert evidence regarding reasonably equivalent value.
Taheri v. Khadavi
Court affirms over $8 million in lost profits damages due to fraud in sale of medical surgery center, based on plaintiff’s expert evidence and absence of contradicting evidence from defendants.
DCF, Including Tax Affecting and Discounts, May Not Apply to Insolvency Opinions
7th Circuit finds that tax affecting and discounts are inappropriate in an insolvency analysis and that a trustee for securitized assets is an “initial transferee” for purposes of the Bankruptcy’s Code's provisions on preferential transfers.
$2.5 Million in Lost Profits for Medicaid Provider Needs a Better Story, Better Data
Court denies $2.4 million in lost profits to Medicaid provider based on failure of expert damages to examine all the reasons for the plaintiff’s losses, aside from the defendant’s delayed reimbursement.
Paloian v. LaSalle Bank
7th Circuit finds that tax affecting and discounts are inappropriate in an insolvency analysis and that a trustee for securitized assets is an “initial transferee” for purposes of the Bankruptcy Codes' provisions on preferential transfers.
Signature Health Center, LLC v. State of New York
Court denies $2.4 million in lost profits to Medicaid provider based on failure of expert damages to examine all the reasons for the plaintiff’s losses, aside from the defendant’s delayed reimbursement.
Expert Solvency Opinions Accused of ‘Hindsight Bias’
Federal district court reviews bankruptcy decision for hindsight bias in determining insolvency, including expert opinions that allegedly used inflated company-specific risk premium, improper tax affecting, and ignored contemporaneous market data.
LaSalle National Bank Association v. Paloian
Federal district court reviews bankruptcy decision for hindsight bias in determining insolvency, including expert opinions that allegedly used inflated company-specific risk premium, improper tax affecting, and ignored contemporaneous market data.
In re Greater Southeast Community Hospital Corp. (II)
Bankruptcy Court conducts extensive valuation findings of hospital in fraudulent transfer case.
Should Solvency Valuation Include Ongoing but Undiscovered Fraud?
Bankruptcy court considers whether pervasive Medicare fraud, actual but undetected at valuation date, affects solvency.
In re Edgewater Medical Center
Bankruptcy court considers whether pervasive Medicare fraud, actual but undetected at valuation date, affects solvency.
Expert Faces Daubert Challenge Based on Article in Firm Newsletter
Analyst challenged in Daubert hearing by an article written for his firm newsletter on the federal evidentiary standards.
BV Appraiser Challenged Under Daubert for Bias and Reliance on Third-Party Reports
BV expert challenged under Daubert for reliance on third-party appraisals.
Ward v Healthsouth Corp
Before the court is HealthSouth Corporation and Diagnostic Health Corporation’s Motion for Judgment as a Matter of Law, New Trial, and/or Remittitur, filed October 26, 2006 (doc. no. 292). Upon review of the parties’ submissions in regard the motion, t ...
In re Greater Southeast Community Hospital Corp. (I)
BV expert challenged under Daubert for reliance on third-party appraisals.