Features
Health Care Policies and Procedures As a Basis for Liability
Well-crafted policies and procedures are an essential part of the operation of modern health-care facilities. However, in the event of a bad outcome, policies and procedures become evidence in litigation, and "violations" frequently become the central focus of malpractice claims.
Features
Physician-Assisted Suicide
On Feb. 6, 2015, the Supreme Court of Canada issued a landmark ruling, overturning precedent only two decades after it held that Canadian citizens have the right to end their lives, but if done with the assistance of a physician, that physician could be held liable. This highly anticipated decision is expected to encourage the efforts of right-to-die advocates in the United States and abroad.
Columns & Departments
Drug & Device News
A manufacturer goes to court to challenge the FDA's restrictions on off-label drug use promotion.
Features
In New York: A Recent Decision On Continuous Treatment
The statute of limitations applicable to medical malpractice cases in New York is one of the most unjust in the country. It can, and too often does, expire before victims have even the ability to know that they have been injured. That is because, other than foreign objects left in a patient's body, New York does not have a rule that the statute begins to run at the time the patient discovers, or reasonably should discover, that he or she suffered injury as a result of malpractice. Almost all other jurisdictions have such a rule, and its absence in New York has had harsh consequences for countless malpractice victims. Efforts to pass legislation to end this injustice have repeatedly come up short.
Med Mal News
In-depth discussion of a case in which a court must decide if a particular med mal policy will survive a doctor's fraud.
Columns & Departments
Verdicts
Analysis of the latest key rulings.
Features
<b><i>BREAKING NEWS:</b></i> Health Care Law Subsidies Survive Supreme Court Challenge
The U.S. Supreme Court on June 25 upheld federal health insurance subsidies for an estimated 6.4 million moderate and low-income Americans.
Columns & Departments
Med Mal News
A Georgia hospital is appealing a lost medical malpractice case by arguing that the jurors should not have been permitted to feel the plaintiff's hands to see if one of them was cold ' an indication that he was suffering from the pain syndrome he complained of.
GA Court: New Expert Can Be Substituted In, Even at Late Date
What happens to the plaintiff who learns late in the lawsuit process that his expert is not up to snuff? The Supreme Court of Georgia recently clarified the answer to this question for one set of plaintiffs whose originally proferred expert was deemed ineligible to offer a valid opinion.
Columns & Departments
Drug & Device News
Items about marijuana laws and choice of law
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- When Is a Repair Structural or Nonstructural Under a Commercial Lease?A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."Read More ›
- Beach Boys Songs Written Decades Ago Triggered Current Quarrel With LawyersThere's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- Recently Introduced Bill Would Limit ITC 'Domestic Industry by Subpoena'Patent infringement disputes in the United States are not only heard in district courts. The U.S. International Trade Commission (ITC) also decides high-stakes intellectual property disputes — with the remedy for the IP rights holder not being damages, but rather an exclusion order that can block a competitor's importation of infringing articles into the U.S. That remedy can be incredibly powerful for companies engaged in stiff competition in the U.S. market.Read More ›