• Physician Extenders or Liability Expanders?

    January 01, 2018 |

    For health care services to serve an influx of patients, so-called “physician extenders” now carry out functions previously performed by doctors. The aim of this article is to examine factors driving the growth in physician extenders, identify liability “hotspots” and offer tactics for health care providers to use in managing professional/medical liability risks.

  • | Medical Malpractice Law & Strategy

    Managing Cyber Risks in Medical Practices

    August 01, 2017 |

    Part Two of a Two-Part Article

    Astonishing computing power lets health care providers harness vast computing resources to drive their business plans, manage treatment protocols and crunch data to boost their practices. However, unintended consequences arise and, in the case of computers, one such consequence is cyber peril.

  • | Medical Malpractice Law & Strategy

    Preparing a Medical Witness for Deposition and Trial: A Different Approach

    August 01, 2017 |

    While the deposition testimony usually does not win the case, in a medical negligence matter, it can definitely lose it. The stakes for a physician today are higher than they have ever been. It is not an infrequent occurrence that any report to the Databank gets a review by both the State Board of Medical Examiners and any health insurer on whose panel the provider has privileges. Our clients deserve better.

  • Managing Cyber Risks in Medical Practices

    July 02, 2017 |

    Part One of a Two-Part Article

    We often associate cyber-risks with financial institutions, but while the financial sector certainly does deal with cyber-risks, it is by no means the only industry facing such woes. Health care providers are also vulnerable to cyber-liability risks.

  • | Medical Malpractice Law & Strategy

    Sharing Medical Device Mass Tort Actions

    April 01, 2016 |

    A medical device case poses numerous pleading problems. However, before one even reaches the pleading stage, there are major hurdles to consider. The major issue facing the plaintiff's lawyer during client intake is to decide which cases to file immediately and which cases can wait. This depends, of course, on the statute of limitations the lawyer determines will be applicable ' and that is no small task.

  • In-Hospital Falls

    October 30, 2013 |

    According to the Centers for Disease Control and Prevention (CDC), each year one in every three "older adults" (65 years and older) falls. According to the CDC's report, in 2010, approximately 21,000 older adults died from unintentional fall injuries. The most common fall-related injuries were fractures of the spine, hip, forearm, leg, ankle, pelvis, upper arm, and hand.

  • Communications @ Risk

    September 25, 2013 |

    A text message or e-mail may be misinterpreted or be seen by unintended eyes, thus expanding a physician's potential legal liability.

  • Undoing Pliva Inc. v. Mensing

    November 29, 2012 |

    This article examines the relationship between Pliva and the Patient Safety and Generic Labeling Improvement Act, and discusses the potential ramifications for generic drug manufacturers should the Act be signed into law.