Can evidence of a health care provider's custom and practice be admissible as habit evidence to prove a fact in malpractice cases? Can such evidence be proof in support of or against the standard of care sufficient to support or oppose a motion for summary judgment for or against a party?
The Gallup poll on the trustworthiness of professionals came out in January, as it always does.Yet again, it reported that health care professionals were the most trusted people in the country. Not so for the health care industry , however.
Was a drug company dinner invite an unsolicited advertisement?
A look at recent litigation of interest.
Branded drug companies naturally want their exclusivity period to last as long as possible. Extending a period of market dominance without patent or regulatory protection, however, raises antitrust concerns. One recent practice, called "product-hopping," has started to generate private antitrust claims from generic drug companies and end users.
Breaking with longstanding precedent, the Eleventh Circuit recently concluded that previous case law holding cruise ship operators blameless for the negligence of their onboard medical personnel is based on outdated norms. This decision may have far-reaching consequences for shipboard medical malpractice claimants and their representatives.
Important news from Texas and New York.
News about a company that paid a heavy penalty for selling an adulterated surgical device.
Information involving the California High Court, which is considering the legality of a cap on non-economic damages.
When trying to make a reasoned decision about whether to settle or defend a medical malpractice claim, there are a number of things that should be taken into account. In this regard, the authoroffers eight factors to consider, four of which were addressed in last month's newsletter. The discussion concludes herein.
