Last Name*

      First Name*

      Mobile

      Email*

      Inquiry Type*

      Lead Source

      COVID-19 catalyzed the telemedicine revolution, but the industry was already headed in that direction, albeit slowly. Today, electronic records, portal appointments, and more, increasingly rely on software and technology to provide care to patients. While this makes it easier for high-risk patients to avoid exposure to pandemic viruses, it also creates problems for providers, specifically when they are required to observe patients over small screens and poor feeds.

      Telemedicine lawsuits are a risk for most healthcare providers today. In this article, we’ll discuss some of the most common risks that telemedicine creates.

      Issues With State Laws

      Specific aspects of medical law are drafted at the state level. When a doctor or clinic takes an out-of-state patient, this can create a legal snarl for them. Since doctors are given licenses by individual states, they may be breaking laws without realizing it. If a patient is injured, they may be able to file a malpractice lawsuit against the doctor and allege legal wrongdoing. It is a consideration that those who provide telemedicine will have to consider when dealing with out-of-state patients.

      Data breaches

      Data breaches, hacking, and ransomware remain major problems for companies that provide telemedicine. Even hospitals are potentially susceptible to ransomware attacks and lawsuits have been filed over deaths caused by service outages. Data breach lawsuits within the healthcare industry are complicated by HIPAA legislation that gives rise to lawsuits against healthcare providers. With more patients relying on portals, a software failure can result in a medical malpractice lawsuit. Problems with electronic records are also giving rise to more medical malpractice lawsuits.

      Diagnostic Errors

      Diagnostic errors remain the most common type of medical malpractice lawsuit filed against doctors and health care clinics. Telemedicine does not make diagnostics any easier. In fact, it is likely to make diagnostics harder.

      Informed Consent

      Medical providers can run the risk of medical malpractice lawsuits if they do not inform a patient concerning the risks of telemedicine versus in-person appointments. If a patient is injured due to something missed in a telemedicine appointment, then the patient may have grounds to sue on the basis that the telemedicine appointment was a substandard form of care. Medical providers are expected to know when telemedicine could be potentially dangerous to a patient and err on the side of caution.

      The Biggest Problem With Telemedicine is…

      A lack of regulatory infrastructure. While telemedicine has been around since the 1950s, Americans are relying on it more now than ever before. This means that the number of telemedicine-based malpractice lawsuits is increasing. On the plus side, telemedicine allows patients access to the best quality care even if they cannot physically make it to their appointments.

      Nonetheless, the regulatory infrastructure has yet to keep up with the increased demand for telemedicine leaving patients, practitioners, and even attorneys and the courts in the dark about what standards should apply.

       

      Talk to a Los Angeles Health Care Civil Defense and Corporate Attorney Today

      Corporate attorneys protect your business from lawsuits well before the lawsuit is actually filed. Call Carbon Law Group today to discuss your needs and we can prepare a plan to protect you from telemedicine lawsuits.

      In Indiana, many nursing homes benefit from liability barriers that are an extension of our state’s medical malpractice laws. While most personal injury tort lawsuits are not difficult for plaintiffs to pursue, medical malpractice is a notable exception. Firstly, it costs a lot of money to pursue medical malpractice because the plaintiff requires an expert witness and these witnesses do not come cheap. Then, the plaintiff must pass a medical malpractice review panel which will determine if their case has merit.

      A recent lawsuit, however, can change all of that. In 1987, Congress passed a nursing home reform bill known as FNHRA which sought to establish the rights of nursing home residents. Since their rights are enshrined under law, creative attorneys found a way around our state’s medical malpractice barriers by filing civil rights lawsuits.

      What does this mean for your health care clinic? Essentially, you would not only be responsible for injury damages, you could also be responsible for attorneys’ fees and the client would not even have to prove medical malpractice. They would only need to establish that their rights under FNHRA were violated.

      More Lawsuits are Incoming

      FNHRA is not the only piece of legislation that establishes specific rights for patients that can be litigated in the courts. The Affordable Care Act (aka Obamacare) also established patient’s rights thus creating a possible avenue for lawsuits that would create a loophole around our state’s medical malpractice lawsuits.

      Higher Malpractice Premiums are Incoming

      While plaintiffs who are injured by negligent doctors do not like the rules Indiana has in place limiting medical malpractice lawsuits, the rules have helped keep our state competitive with other states when it comes to medical malpractice premiums. The general belief is that this keeps the cost of health care down for patients, reduces the burden on insurance companies, and makes health care providers more profitable, thus increasing investment.

      However, a recent decision allowing a civil rights action to move forward in the courts could change all that. With the potential consequence of a civil rights lawsuit hanging over a provider’s head, the limitations that are placed on medical malpractice lawsuits no longer apply. This also means that lawsuits that were typically filed in state courts will now move to federal jurisdictions where the precedent is enforceable.

      What Comes Next?

      It is important for your health care agency to prepare for the inevitability of medical malpractice lawsuits. Barring an overturning of precedent in the federal courts, more plaintiffs will be pursuing damages in federal courts where they can sue for attorneys’ fees among other things. Laws that limit medical malpractice damages awards may no longer be enforceable. A skilled Los Angeles business litigation attorney can help.

      Contact a Los Angeles Health Care Business Attorney Today

      More medical malpractice lawsuits are likely to be filed under FNHRA and the ACA. Protect your company before these laws destabilize the marketplace. Call Carbon Law Group today.

      Who is the father of calculus? Well, the British like to credit Sir Isaac Newton with the discovery, but Gottfried Wilhelm Leibniz was the first to publish articles concerning the topic in 1684. Newton did not publish anything on calculus until his book Opticks came out nearly 20 years later. This spurred a claims war between the Brits and Germans, each of whom thought their genius was the first to come up with the idea of calculus. However, it is perfectly possible that two men endowed with similar gifts used their individual genius to reach the same conclusions. The only matter left to be resolved then, is who got there first, right?

      Well, it is more complicated than that and the problem this sort of event creates for American companies has never fully been resolved. Is it possible to plagiarize a mathematical approach to a specific problem? Maybe not. Academics get credit, not IP rights. Is it possible to plagiarize an algorithm using a specific mathematical process? That is where the trouble comes into play. 

      IP laws and algorithms

      What is an algorithm? Well, it is a recipe for producing an effect on a computer. For example, a screensaver with geometric designs operates on an algorithm. Can you patent this algorithm? It is harder today than it ever has been before—the result of several Supreme Court decisions going the way of defendants. This has resulted in unprecedented industry secrecy when it comes to algorithms. Patents specifically are more difficult to enforce than they once were, forcing corporations to protect their intellectual property using trade secrets as opposed to patent enforcement. This, obviously, requires that companies keep these algorithms a secret. 

      A landmark case involving algorithms resulted in a defendant’s verdict. The case was known as Alice Corp v. CLS Bank. In this case, the Supreme Court went on to invalidate a software patent on the grounds that abstract ideas, such as algorithms, cannot be patented. This forced companies to protect trade secrets with secrecy as opposed to enforcing their patents through the courts. The ruling meant that the courts would no longer help companies defend their intellectual property from competitors. 

      Is software no longer patentable?

      Initially, it was possible to patent software, algorithms, and more. This made it possible for a company to exert a temporary monopoly over the algorithm for its ingenuity. Today, it is much less certain that companies will be able to defend their IP from competitors. Most companies will attempt to claim trade secret rights over the technology. 

      This has created an economic environment in which innovation is stalled due to corporate hoarding of innovative technologies. Patent law at least made it possible for companies to disclose the technology and collect on the rights.

      Talk to a Los Angeles IP Attorney Today

      Protecting some trade secrets? Carbon Law Group can help. Call today to learn more about protecting your IP in an age of algorithms.

      Starting a new business starts as exciting and can quickly turn scary when you think about all you don’t know about launching a new venture.

      Fortunately, there are resources out there today that make the process of starting a company much easier than it was even just five years ago. Today, there a multitude of online services that can help you create your very own company for nearly nothing. However, many new entrepreneurs don’t realize that starting a company is simply the first step in the marathon of launching and, perhaps, one day, exiting your business.

      The next critical step that many founders and over-eager entrepreneurs miss is the step of sitting down and figuring out how you are going to work with your co-founder or founding team. 

      While the agreements you draft will vary based on the type of entity you choose to create (that is the subject of a different post), the fundamentals of the initial “partnership” (the term is used generically here) agreement are relatively consistent. 

      Limited Liability Companies


      One of the most common entities created today is the limited liability company or LLC. It is often used because it is considered simple to set up, provides limited liability protection, and is not subject to double-taxation like corporations. However, jumping into an LLC is not always the best option. The decision to start an LLC should be carefully weighed against your overall objectives with the company, such as whether you want to issue equity to employees or investors, whether you are going for institutional financing, and if you’re going to take your company public. 

      If you are confident that the LLC is the right entity choice for you, it is crucial you and your partners (or soon to be members), spend the necessary time and consideration in thinking about your Operating Agreement and a Buy-Sell Agreement. By considering the following 12 questions, you will be way ahead of the majority of entrepreneurs who often put the cart before the horse and end up paying 10x to clean up what a properly drafted LLC governance documents would have cost them from the beginning. 

      The 12 Essential Question


      1. Will the LLC be member-managed or manager-managed?
      2. How will you split up the membership interests?
      3. How is the company going to be financed?
      4. Will you split capital interests and profit interests the same way?
      5. In what state will the LLC be organized? (Be wary of Nevada and Wyoming just because you heard they are better for taxes.)
      6. How will new members be admitted?
      7. Can the members be part of other LLCs that may compete in some way?
      8. Can a member be expelled?
      9. Who will manage the LLC?
      10. Can LLC interests be sold to third parties?
      11. What if there is a deadlock in voting? 
      12. Is there a clear plan of how a member’s interest will be repurchased if they leave the LLC?

      The above questions are not easy to answer. However, we have considerable experience with helping our clients navigate some of these challenging questions. And with the right insight and reliable communication between the members, you can come to practical answers to these hard questions, giving you the peace of mind and confidence that you are setting up your venture for success. 

      All too often, we hear from frustrated startup owners who have poured their blood, sweat, and a whole lot of money into developing a mobile app or software platform with a dev team that just didn’t have the skills needed to execute on the founders’ vision.

      We have heard more horror stories than we care to think about from startups that have been taken advantage of by developers and in some cases, developers who have been misled by startups.

      The point is, who you end up hiring to help you build your first MVP of your mobile app or website will have a significant impact on the success of your venture. The relationship is not one to be taken lightly. Here are five important principles to follow when you are interviewing and engaging a dev team for your mobile app or software startup:

      1. Prepare. Before you sign an agreement, prepare as much as you can ahead of time. Have a clear vision of what you want to build and how you want to execute on your vision. Create a business plan or Business Model Canvas  If you don’t have experience building a project, find a Product Manager who can guide you through the initial iterations before you spend time and money on a dev team. If you have the time, think about taking a course that will help you get the skills you need.
      2. Think about what you want in a dev team. It is important to clarify what you want from your dev team before you engage them. Do you want insight into the UI/UX? Do you want to focus on the front end or back end? Who is actually going to be building the app?
      3. Be clear on who the actual developers are. Most dev teams today are either overseas or supported by an overseas technical team. If you are looking to build something on a budget, this is a reality you are going to have to accept. Using an overseas dev team poses several challenges, including, coordinating with time zones, communication, the English language, etc. Make sure you understand who is actually going to be building your app. You may sign with a local firm, but if you are expecting to work with someone local, then you better make sure that is clearly stated in the agreement.
      4. Have a clear agreement. We have reviewed or drafted several developer agreements for both our startup clients and development companies. The quality of these agreements is all across the board. We highly recommend you have a general services agreement with and a detailed “Scope of Work” agreement with milestones and deliverables. Also, make sure the agreement is not one-sided. If you are getting an agreement from a developer, it is more than likely favoring them and limiting all risk on their end. Investing in a professional review and analysis of these agreements can save you tens of thousands of dollars and potentially months of wasted time.
      5. Get references Spend time doing some due diligence on the team you are going to work with. We have a company investigator service we use for our clients, but you may be able to see what comes up online. Note, however, that just because you find a good or bad review, it means they define the company. Some clients may have unreasonable expectations and they decided to voice their opinion online. Ask a potential dev team for a few references and see what you find online.

      Fundamentally, the cliché, you get what you pay for applies to your work with a dev team. There are services out there that will help you get to MVP at a modest price, but you want to make sure have a clear written agreement laying out the expectations and remedies if the dev team does not perform as planned. Like working with any service provider, being clear about your expectations from the outset is critical. Keep the above five principles in mind, and you will start off on the right foot with your mobile app.

      We are located in.

      Carbon Law Group, APLC

      1001 Wilshire Blvd. Suite 100 #3200

      Los Angeles, CA 90017

      Carbon Law Group, P.C.

      840 Apollo Street, Suite 100,

      El Segundo, CA 90245

      Carbon Law Group, P.C.

      2500 Broadway Building F, Suite F-125,

      Santa Monica, CA 90404

      Carbon Law Group, P.C.

      4195 Chino Hills Parkway #1135

      Chino Hills CA 91709

      (323) 543-4453

      IMPRINT

      Carbon Law Group PC| Attorneys of Law | 1001 Wilshire Boulevard PMB 2083

      Phone: (323) 543-4453 | Fax: (323) 488-9784 | Email:[email protected]

      Located in Los Angeles, California, the law firm of Carbon Law Group PC. represents clients throughout California, including, but not limited to the cities of Los Angeles, El Segundo, Torrance, Pasadena, Santa Monica, Culver City, Long Beach, Irvine, Costa Mesa, and Orange County, Los Angeles County, Riverside County, San Bernardino County and San Diego County.

      DISCLAIMER

      No Attorney-Client Relationship Created by Use of this Website. Neither your receipt of information from this website nor your use of this website to contact the Carbon Law Group, P.C. (hereinafter “the Firm”) or one of its lawyers creates an attorney-client relationship between you and the Firm. You will become a client of the Firm only if and when you sign an engagement agreement setting forth the scope of the Firm’s engagement, the fee arrangement, and other relevant matters. As a matter of policy, the Firm does not accept a new client without first investigating for possible conflicts of interests and obtaining a signed engagement letter. (The Firm may, for example, already represent another party involved in your matter.)

      No Confidentiality. You may not use this website to provide confidential information about a legal matter of yours to the Firm. Your use of this website does not make you a client of the firm or even a prospective client of the Firm. If you have confidential information that you would like to give to any lawyer at the Firm, please communicate with one of the Firm’s lawyers in person or by telephone–not by filling in any form on this website or by sending an unsolicited email to the Firm or any of its lawyers.

      No Legal Advice Intended. This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal issues problems..

      Call Now Button Skip to content