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Special Issue: The Five Hot Buttons; Introduction
Each year brings new trends in medical malpractice law ' new interpretations of old law, changes in the law itself ' and cultural shifts, like a rise in the use of technology. We have identified five of the top issues in med-mal law this year ' the rise in demand for bariatric surgery; the use of Internet malpractice claim Web sites; electronic health record discovery pitfalls; the use of anti-SLAPP (Strategic Lawsuit Against Public Participation) legislation to thwart lawsuits against participants in peer-review proceedings; and changes in the Restatement of the Law (Third) of Agency (2006) that could affect questions of hospital vicarious liability for contractors' actions.
Our Experts
Charles Harvey is a partner at Harvey & Frank, in Portland, ME. He has had years of experience representing the interests of hospitals and their insurers in cases in which the hospital was the focus of the vicarious liability claim. Mark Lavoie and Noah D. Wuestoff, of Norman, Hanson & DeTroy, LLC, also in Portland, are experts in litigation involving bariatric surgery, which has the most rapid growth rate both of procedures performed and surgeons performing them than any area of general surgery over the past 3 years. Debra Sydnor and Joshua Becker write about med mal claims extending to post-litigation Web sites. Ms. Sydnor is a partner in the Atlanta office of Alston & Bird LLP. She has extensive experience defending
medical malpractice, toxic tort and other mass tort claims. Mr. Becker focuses his practice on medical malpractice and mass tort defense David M. Axelrad and Jeremy B. Rosen of Horvitz & Levy LLP, are co-counsel in the Kibler case, representing the defendants in a case involving anti-SLAPP statutes and peer review that led the California Supreme Court to render an historic decision. Barry B. Cepelewicz M.D., Esq. and James R. Denlea tell us about Electronic health records: a discovery landmine for physicians and counsel. Members of Meiselman, Denlea, Packman, Carton & Eberz P.C., in White Plains, NY, Dr. Cepelewicz is Chair of the firm's Health Law Group and Mr. Denlea is Chair of the firm's Medical Defense Group.
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