News & Results

Mike Caston Mike Caston

Back to Work? Be Aware of New Paid Leave Requirements for Covered Employers

As state-at-home orders are lifted and businesses reopen, Employers should be aware of new paid leave requirements that went into effect on April 1, 2020. In addition to ensuring compliance with established federal, state and local employment laws, Employers must also now navigate through several new employment laws and regulations brought about by the Families First Coronavirus Response Act (FFCRA).1

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Mike Caston Mike Caston

HPS Partners to Present at AAPACN Annual Conference

HPS Partners Laura Ginett and Elizabeth Neidig will present at the annual conference of the American Association of Post-Acute Care Nursing, on June 3, 2020, from 3:00 - 4:30 on the use of The Minimum Data Set Assessments (MDS) and Care Plans in personal injury and wrongful death litigation.

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Mike Caston Mike Caston

CMS Requires New COVID-19 Reporting and Notification by Nursing Homes

On May 8, 2020, CMS implemented new infectious disease reporting and notification regulations for the nation's skilled nursing facilities when it published an interim final rule with comment (IFC) entitled "Medicare and Medicaid Programs, Basic Health Program, and Exchanges; Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency and Delay of Certain Reporting Requirements for the Skilled Nursing Facility Quality Reporting." The Rule is available at The Federal Registrar website.

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Mike Caston Mike Caston

Healthcare Providers and Healthcare Institutions Receive Limited Liability Immunity for COVID-19 Treatment

On April 1, 2020, Illinois Governor J.B. Pritzker released his most recent Executive Order where he declared that Health Care Facilities, Health Care Professionals, and Health Care Volunteers are immune from civil liability for any injury or death that allegedly arises from providing assistance to the State in response to the COVID-19 outbreak.

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Mike Caston Mike Caston

The Thing Missing from the COVID-19 and Nursing Home Discussion

After reading the front-page Tribune story about COVID-19 and nursing homes, I became frustrated by what was missing. Towards the end of the article, there were quotes by an attorney I know well who was described as someone who rails against the nursing home industry to protect the elderly. Even this attorney recognized that we are currently asking nursing home staff to do something extraordinary in the face of an unprecedented crisis. I scrolled the internet to find the article that talked about what was missing. Since I could not find it, I decided to write it.

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Mike Caston Mike Caston

COVID-19 Not Transmitted from Mother to Fetus According to Case Study in Wuhan, China

According to a report posted on Frontiers in Pediatrics, doctors followed four pregnant women from the epicenter of the COVID-19 pandemic – Wuhan, China – who tested positive for COVID-19. The women all gave birth while actively symptomatic. The conclusion after testing and observation was that the COVID-19 virus did not pass from the mother to the fetus, and the infants were born without any of the respiratory signs of COVID-19.

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Mike Caston Mike Caston

Association Between Maternal Acetaminophen Use and An Increased Risk of ADHD and/or Autism in Their Children

A Google search of a phrase like "Birth Trauma causes Autism" will result in links to, inter alia, various legal websites asserting that trauma during labor and delivery is a cause of a child's autism or behavioral issues. The most recent of a series of medical articles, however, points to a potential alternative cause – maternal use of acetaminophen.

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Mike Caston Mike Caston

U.S. Maternal Mortality Ranking Drives Two New Standards From The Joint Commission Part 2

In the second standard, Reduce the likelihood of harm related to maternal severe hypertension/preeclampsia, there are six elements of performance.Both of these standards address prevention, recognition, treatment and education to improve maternal outcomes. While improving outcomes is a goal every organization will support, we feel these standards may also offer the opportunity to reduce potential liability and litigation.

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Mike Caston Mike Caston

U.S. Maternal Mortality Ranking Drives Two New Standards From The Joint Commission.

Maternal hemorrhage is one of the most important clinical issues in obstetrics today – and a not uncommon source of potential liability in obstetrical negligence litigation. This new standard, "Reduce the likelihood of harm related to maternal hemorrhage," was based on recommendations from technical advisors, clinicians, and administrators and included extensive literature review.

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