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Med Mal News
New York Studies Show Cause of Death Is Often Misreported
The death certificate may be one of the most important pieces of evidence in a wrongful death case, yet a study published in May in the journal Preventing Chronic Disease indicates that the cause of death may often be misreported on these crucial documents. The article describes the results of two studies that asked more than 500 resident doctors in New York City teaching hospitals whether they believed in the accuracy of death certificates, and whether they themselves had ever misreported a patient's cause of death. Only about a third of them believed that death certificates are accurate overall, and about half of them admitted to having reported the wrong cause of death, often because of external pressure. Most who impugned the accuracy of the documents cited system obstructions, in which their reporting systems would not permit input of true causes of death. Particularly disturbing were the number of respondents who reported being pressed to list an alternate cause of death if the patient died of septic shock (70%) or from acute respiratory distress syndrome (34.2%). Those residents who reported listing an alternate cause of death to the real one generally blamed cardiovascular disease (64.6%) for a patient's death, with the next two false causes identified being pneumonia (19.5%) and cancer (12.4%). The journal article is available at: www.cdc.gov/pcd/issues/2013/12_0288.htm.
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.