- Posts by Eric Werner
AssociateHealth care and other clients rely on attorney Eric Werner for sound advice and strong representation in their litigation matters.
Eric focuses his practice on health care litigation and health law matters, including behavioral ...
Hospitals and health systems are familiar with traditional medical malpractice cases, but as healthcare is increasingly seen as a business, healthcare providers need to understand the potential for, and limitations of claims brought under the guise of consumer protection laws.
Consumer protection laws can be tempting causes of action for individuals who believe they have been wronged by the healthcare system. Unlike medical malpractice claims, which require expert testimony and may include damages caps, consumer protection statutes often include treble damages, punitive damages, and attorneys’ fees. Consumer protection laws may also offer injunctive relief as a remedy, do not require a plaintiff to prove causation or damages, and have the potential for class action lawsuits. To prevent plaintiffs from reframing a negligence case to sidestep the limitations of medical malpractice cases, some courts and states have drawn boundaries between consumer protection and medical malpractice cases.
Blog Editors
Recent Updates
- Cleaning the Cupboard—Six More Decisions in One Day, and a Largely Harmonious Court - SCOTUS Today
- Distinguishing Deceptive Trade Practices From Negligent Care: Exploring the Boundaries Between Consumer Protection and Medical Malpractice Claims
- A Day of Near-Unanimity on Six Important Cases - SCOTUS Today
- Your Website Travels & So Does the Law: What the Ninth Circuit’s Shopify Ruling Means for E-Commerce Jurisdiction in California
- A Fact-Intensive Inquiry: How California Courts Are Resolving Authenticity Disputes of Electronically Signed Arbitration Agreements