Litigation

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In-depth analysis of the latest cases.

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Recent rulings of importance to you and your practice.

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There has been a great deal of publicity in the medical community about apology programs ' programs that encourage doctors to affirmatively admit medical mistakes to patients and their families. While there is a lot of support for the idea, there is also a good deal of controversy over whether these programs actually work to reduce litigation and the cost of medical malpractice claims. What, realistically, can apology programs do ' and what can they not do?

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Confidential physician peer reviews may be disclosed to plaintiffs in federal discrimination and antitrust cases in three federal circuits, even though all 50 states and the District of Columbia recognize a privilege against disclosure of the performance ratings. This growing federal-state divergence will make federal courts more attractive to plaintiffs filing civil rights suits involving doctors, attorneys say. At the same time, it may have a chilling effect on peer review participant candor and on the ability of health care facilities to recruit peer review team members.

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Tortious-Interference Claims

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Satellite Television/Programming-Exclusivity Agreements.

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Every night in Las Vegas, Baby Boomers plunk down $47.30 each and file into the Sahara Hotel & Casino's Congo Room to revisit the sounds of their youth. They've come to spend an evening with 'The Platters, Drifters, Coasters.' It's a performance steeped in nostalgia, save one element: None of the artists on stage were ever members of the musical groups that most remember as the Platters, the Coasters or the Drifters.

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The U.S. Court of Appeals for the Sixth Circuit decided that the unlicensed use of songs for karaoke recordings was not a fair use. <i>Zomba Enterprises Inc. v. Panorama Records Inc.</i>, 06-5013.