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Bariatric Surgery Demand Is Rising
Morbid obesity affects over 20 million Americans; indeed, between 3% and 5% of the adult population of the United States is morbidly obese, or clinically severely obese, the highest percentage of population of any country. Sabiston: Textbook of Surgery. 17th ed. Townsend, CM (ed) et al. Elsevier Saunders 2004 p. 357. Severe obesity and its co-morbidities are estimated to cause 280,000 deaths annually in the United States compared with 90,000 per year from breast and colon cancer. Given these numbers, it is not surprising that bariatric surgical operations are in more demand by patients than any other operation and have experienced the most rapid growth rate both of procedures performed and surgeons performing them than any area of general surgery over the past 3 years. Id.
Unfortunately, as with any significant abdominal procedure, complications are common and can cost doctors and hospitals. However, there are steps that medical providers can take to ensure that the patient receives the best treatment possible. While these steps will not completely insulate medical providers from liability, they may limit claims, including those that allege inadequate informed consent, inadequate physician training and credentialing, inappropriate patient selection and inadequate facilities. They also may alleviate the concerns that family practitioners and other physicians who refer patients for bariatric surgery have about obesity surgery.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.