LJN Newsletters

In the last 2 months, the General Accounting Office (GAO) issued two reports detailing the findings of its studies into the medical malpractice insurance crisis and its effects on medical care. The studies were conducted at the request of Congress, which wanted to learn what the root causes of the rising medical malpractice insurance premiums were and what effects these rising costs were having on the public's access to health care. With this information, it intends to consider legislation similar to some states' tort reform laws.

The latest cases of interest to your practice.

When medical malpractice defense counsel first heard of the new privacy regulations issued by the U.S. Department of Health and Human Services under the Health Insurance Portability and Accountability Act of 1996 (the HIPAA privacy regulations), most probably thought that these detailed and complicated laws would affect only their regulatory health care colleagues. How great an impact the HIPAA privacy regulations will have on medical malpractice litigation, in general, is yet to be seen, but it is clear that these regulations have immediately affected discovery of medical records in med-mal cases.

Your ethics questions answered by the expert.

Alleged harassers may not be retaliated against for participating in the investigation of harassment against them, according to the Second Circuit in a ruling of first impression. Deravin v. Kerik, 335 F.3d 195 (2d Cir. 2003). In doing so, the court held that "defending oneself against charges of discrimination - to the extent that such defense involves actual participation in a Title VII proceeding or investigation - is 'protected activity' within the scope" of the participation clause of Title VII.

Plaintiff seeks to admit testimony relating to a similar claim of sex discrimination raised by a co-worker. She also notes that in a department of 20, there are only five women. Is the co-worker's testimony admissible? Is testimony relating to the office's demographics probative?

Costs Are Awardable, and Are Being Awarded, Against Plaintiffs Plaintiffs' employment lawyers contemplating bringing Title VII or other discrimination suits have long felt secure in the knowledge that, even if they lose at trial or at the summary judgment stage, their client will not be assessed attorney's fees. This may not be the case.

Recent decisions of interest to you and your practice.