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Medical Malpractice Law & Strategy

  • Often, when patients are injured by pharmaceutical products, the plaintiff and the product's manufacturer are located in different jurisdictions, making jurisdictional questions the first issue to resolve when choosing where to file suit. In 2014, the Supreme Court's decision in Daimler AG v. Baumanannounced a sweeping change to the law of personal jurisdiction.

    June 01, 2016James H. Rotondo, John W. Cerreta and David W.S. Lieberman
  • As we noted last month, cardiac surgeon Michael DeBakey performed "overlapping surgeries," in which he moved from one operating room to another; and 2) He filmed many, if not all, of his procedures. Both of these practices have potential to impact the outcome of a medical malpractice claim.

    June 01, 2016Edward D. McCarthy
  • In March, Arizona became the first state to undercut the FDA's new guidelines on use of the abortion-inducing drug Mifepristone.

    June 01, 2016
  • Recently, there has been a great deal of press, as well as litigation, involving two things: so-called "overlapping surgery," and requests by patients to record their encounters with their physicians and with their surgical procedures. Many years ago, a world-famous cardiac surgeon, at least anecdotally, did both things.

    May 01, 2016Edward D. McCarthy
  • In-depth analysis of a case involving a deceased patient's medical records.

    May 01, 2016
  • A series of three verdicts for plaintiffs, the most recent in December 2015, may present significant litigation issues for Johnson & Johnson and its subsidiary, Janssen Pharmaceuticals. The suits were all based upon claims that the manufacturer failed to provide adequate warnings regarding Risperdal gynecomastia ' a condition that involves abnormally enlarged male breast tissue, especially among adolescent boys.

    May 01, 2016Michael D. Brophy
  • Review of a case in which another health care worker was indicted for stealing opioids at work.

    May 01, 2016
  • When asserting the doctor-patient privilege, a witness cannot refuse to reveal medical incidents or facts once the witness has put the medical condition in controversy. Often, in a personal injury case, the plaintiff has already put a specific injury at issue by filing the lawsuit.

    May 01, 2016Kevin G. Faley and Andrea M. Alonso
  • Professional Association's Censure Not Actionable in Courts

    April 01, 2016