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Fourteen Lashly & Baer Attorneys Earn Top Honors from 2022 Missouri & Kansas Super Lawyers

St. Louis, Missouri (November 15, 2022) A total of 14 Lashly & Baer, P.C. attorneys have been honored by Super Lawyers. A total of nine lawyers were selected for inclusion in the 2022 Missouri & Kansas Super Lawyers list. They are Michael R. Barth, Kenneth C. Brostron, Julie Z. Devine, Patrick E. Foppe, Kevin L. Fritz, Terrance J. Good, James C. Hetlage, Stephen G. Reuter, and Stuart J. Vogelsmeier. Each year, no more than Read more

By Niki McCormick, ago

James P. Reinert Named Lawyer of the Year and 13 Additional Lashly & Baer Attorneys Named to 2023 Best Lawyers® List

St. Louis, MO, United States, Lashly & Baer, P.C. attorney James P. Reinert was recently recognized by Best Lawyers® as the 2023 “Lawyer of the Year” for Medical Malpractice Law – Defendants. Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant. These lawyers are selected based on particularly impressive voting averages received during the peer review assessments. Receiving Read more

By Niki McCormick, ago

Are the OPPS Mid-Build Audits Truly Immune to Appeal?

For those hospitals and their departments affected by the Centers for Medicare & Medicaid Services (“CMS”) outpatient prospective payment system (“OPPS”) mid-build audits, the saga has been long and convoluted. In early 2021, CMS and Cahaba Safeguard Administrators (“CSA”) announced that many hospitals had failed the mid-build audit, and would owe significant amounts back to CMS by virtue of the voluntary overpayment return statute. Given most hospitals’ understanding that these mid-build audits were required Read more

By Niki McCormick, ago

To Convict Doctors for Illegally Prescribing Controlled Substances, Government Must Prove They Did So Knowingly or Intentionally, U.S. Supreme Court Holds

A recent United States Supreme Court decision clarified the mens rea requirements for the prosecution of doctors accused of illegally prescribing controlled substances pursuant to the Controlled Substances Act. In prosecutions under 21 U.S.C. § 841, the Government now must prove beyond a reasonable doubt that a doctor knowingly or intentionally prescribed a controlled substance outside the usual course of professional practice. In the consolidated cases of Ruan v. United States, two medical doctors Read more

By Niki McCormick, ago

Understanding the Legality of Abortion in Missouri After June 24, 2022

Missouri health care providers, namely OB/GYNs and emergency medicine physicians, are facing the daunting challenge to determine in real time whether a “medical emergency” exists to perform an abortion under the state’s new statutory scheme. The stakes are at an all-time high. Providers have a duty to their patients to “do no harm,” yet also face the very real prospect of facing criminal liability and even the loss of their professional license for performing Read more

By Niki McCormick, ago
Mark Feldhaus Award

Attorney Mark Feldhaus Receives Defense Counsel Client Service Award

Congratulations to Lashly & Baer attorney Mark R. Feldhaus for receiving the first ever Healthcare Service Group Defense Counsel Client Service Award. Healthcare Services Group (HSG) provides a vast array of value added services including claim management, risk management, patient safety education, and more. They are proud to serve healthcare providers in Missouri, Kansas, and Illinois.

By Niki McCormick, ago

The Illinois Supreme Court Rejects the So-Called “McHaffie Rule”

Illinois law has long recognized holding an employer directly liable for negligently hiring, retaining, and training or supervising its employee who causes injury to another. On April 21, 2022, the Illinois Supreme Court in McQueen v. Green, 2022 IL 126666, held that plaintiffs may pursue separate claims for negligent hiring, negligent supervision, and negligent retention against a trucking company/employer for the employer’s conduct in failing to reasonably hire, supervise or retain an employee, even Read more

By Niki McCormick, ago

The Time is Now – Robotic Surgery & Missouri Certificate of Need

For those providers that are considering purchasing a robotic surgery system (e.g., daVinci, CyberKnife, etc.) in Missouri, you may be well served by deciding to purchase sooner rather than later. The Missouri Health Facilities and Review Committee (“MHFRC” – the entity responsible for administering Missouri’s Certificate of Need Program) is considering adding substantive need requirements prior to issuing approval for the purchase of new or additional robotic surgery units. In Missouri, Certificate of Need Read more

By Niki McCormick, ago