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Some malpractice-reform advocates say an apology can help doctors avoid getting sued, especially when combined with an upfront settlement offer. It’s all part of a new movement called “Sorry Works!” or “Say-You’re-Sorry”. In recent years, about fourteen states have passed laws allowing physicians and hospitals to apologize to patients for making mistakes without the fear of such apologies being used as admissions of guilt in subsequent litigation.
Continue Reading The “Say You’re Sorry” Movement

The Department of Health and Human Services, Office of Civil Rights (“OCR”), published two bulletins on September 2, 2005 and September 9, 2005 to discuss the application of HIPAA in the wake of Hurricane Katrina. The bulletins expressed the need for persons displaced by the hurricane to obtain ready access to health care and a means of contacting family and caregivers.
Continue Reading HIPAA Privacy and Disclosures in Emergency Situations

At a time when everyone in Louisiana appears to be focusing on the aftermath of Hurricanes Katrina and Rita, First Assistant United States Attorney for the Middle District of Louisiana Lyman Thornton assured Kean Miller in a January 25th interview that his office is continuing to focus on health care fraud violations. During the interview with Thornton, he stated that health care fraud has been and will continue to be a priority of his office.
Continue Reading Health Care Fraud Remains a Focus for U.S. Attorney in the Wake of Hurricanes Katrina and Rita

Kean Miller is pleased to announce that 12 lawyers, formerly in the Admiralty & Maritime, Construction, and Energy practice areas with Lemle & Kelleher, have joined the firm in the New Orleans office.

“We are very excited to welcome these distinguished attorneys to our law firm. They are an outstanding resource for our clients. Our offices are located in Louisiana’s major port cities — New Orleans, Baton Rouge and Lake Charles — and this esteemed group brings over 150 years of combined experience in maritime issues, admiralty law, marine insurance, oil & gas, drilling and exploration, pipelines, construction, and energy law to our clients.” said Gary A. Bezet, managing partner of the 121-lawyer firm.
Continue Reading Kean Miller Adds 12 Attorneys in Admiralty & Maritime, Construction, and Energy Practice Groups – New Orleans Office Triples in Size

The CityBusiness reports in an article yesterday (“N.O. Jury Trials Could Return in March”) that Orleans Criminal Court Chief Judge Calvin Johnson says that criminal jury trials will resume in March 2006, and the first post-Katrina grand jury could be convened in February.

This contrasts sharply with the prospects for civil jury trials, according to an article from the Gannett News Service, http://www.thenewsstar.com/apps/pbcs.dll/article?AID=/20060116/NEWS01/601160310/1002 entitled “Courts Sag Under Katrina Suits.”
Continue Reading Civil/Criminal Jury Trials in Orleans Parish

As cleanup from Hurricane Katrina and its aftermath progresses, the Air & Waste Management Association is proud to announce that its 99th Annual Conference & Exhibition will take place in New Orleans as originally scheduled, June 20-23, 2006. With the theme, “Healthy Environments: Rebirth & Renewal,” the conference is expected to bring nearly 3000 of the world’s leading environmental professionals to New Orleans.

In addition to the program tracks that attendees are accustomed to, the conference will feature a special session devoted to waste management responses to Hurricane Katrina, focusing on the analysis, transportation, disposal, and cleanup of debris and potentially contaminated soil and sediment. Papers also will address environmental readiness to aid in responses to future natural disasters. Also featured at the conference:

*The Keynote Program, with a presentation by Shell Oil Company President John Hofmeister on the company’s plans for energy diversification;
*A symposium dedicated to Particulate Matter and Health;
*An Exhibition on the latest technologies used in the Katrina cleanup, as well as other environmental products and services; and
*More than 160 sessions covering a range of air, environmental, and waste issues.
Continue Reading New Orleans to Host Air & Waste Management Association’s 99th Annual Conference & Exhibition in June 2006

Kean Miller has contributed $20,000 to The Baton Rouge Area Foundation and its Hurricane Katrina Displaced Residents Fund. “Baton Rouge is our home. We work here, we live here, and we have been fortunate to work in partnership with The Baton Rouge Area Foundation for over 20 years,” said Gary A. Bezet, Managing Partner of the 106-lawyer firm.
Continue Reading Kean Miller Announces Contribution to Hurricane Katrina Displaced Residents Fund

The Senate Revenue and Fiscal Affairs Committee has reported to the full Senate HB 148 (Rep. Arnold), which appears to be a compromise between the assessors and local government on the revaluation of property due to damage or destruction because of the hurricanes.

HB 148 (Rep. Arnold) must now be voted on by the full Senate and the House must vote to accept the Senate amendments or to send the bill to a conference committee.

HB 148 as amended would preserve the revaluation provisions dealing with flooded property (immovable and corporeal movable (i.e. real estate and tangible personal property) in current law, La. R.S. 47:1978. That is, flooded property must be revalued. Property destroyed, uninhabitable, or non-operational due to other hurricane related causes will be revalued as follows: If the local taxing jurisdictions vote to use pro-ration, the tax bill will be prorated for 2005 based on the number of days the property was “habitable”. This pro-ration provision cannot be used by Jefferson, Orleans, Plaquemines, and St. Bernard. If the local taxing jurisdictions do not vote to use pro-ration and in Jefferson, Orleans, Plaquemines, and St. Bernard the property will be revalued in its damaged state for the entire year.
Continue Reading Update on HB148 – Property Revaluation Due to Hurricane Damage

HB90, dealing with Governor Blanco’s emergency orders suspending prescription, peremption, and legal deadlines, awaits final Senate passage. The Senate Judiciary A Committee adopted amendments which have not yet been incorporated into the latest version of the bill, but which should ultimately be included.

You can (and should) read the bill in its entirety here, together with the amendments by Senate Judiciary Committee A here.

Noteworthy aspects of the bill follow:
Continue Reading HB90 – Suspension of Prescription – Update