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Medical Malpractice Law & Strategy

Volume 29 - Number 5 | February 2012

February Issue in PDF Format


Limiting Windfall Damages
By David Axelrad and Robert Wright
Howell was one of 2011’s most important damages cases. It will have a significant impact on personal injury damages in California and may offer a model for challenging windfall damages in other states.

Third Circuit: NJ Charitable Immunity Act Protects U.S. in Med-Mal Litigation
By David Gialanella
In a case of first impression, the Third Circuit Court of Appeals says the federal government enjoys the same protection of state charitable immunity law that applies to volunteer doctors who are deemed to be U.S. Department of Health and Human Services employees.

The Unique and Crucial Role of the Non-Party Physician
By John L.A. Lyddane and Barbara D. Goldberg
Physicians who have treated a plaintiff before — during or after the treatment at issue — often have a unique perspective that can be helpful at trial to the finder of fact. How can such physicians be identified, interviewed, and brought to the assistance of the litigants in their search for the truth?

Drug & Device News
All the latest information.

Med Mal News
An item of interest.

Verdicts
An in-depth look at an important key ruling.