Medical Malpractice Law & Strategy

The increased level of enforcement activity by the FDA has focused the attention of consumers and the plaintiffs' bar on the increased frequency with which physicians prescribe FDA-approved drugs and medical devices for unapproved uses. Plaintiffs' attorneys increasingly choose to name prescribing physicians in their products liability suits as co-defendants, pleading both medical malpractice and other associated tort claims against these physicians, and often premising such claims upon the decision to prescribe for a so-called "off-label" or unapproved use. Thus, the continuing expansion of off-label uses of drugs and devices has led to numerous potential legal minefields for the prescribing physicians.

A high-profile wrongful death case was recently decided for the second time in favor of a Miami couple whose child suffered severe brain damage during his birth at the U.S. Naval Hospital in Jacksonville, FL.

Measuring the extent of medical damages, for a medical malpractice claim as for any other type of negligence claim, is an important part of any case. Normally, when a defendant causes harm that sends a plaintiff to a hospital or doctor, three different measures may be relevant to determining the defendant's liability ' the amount the plaintiff herself has paid for medical care, the amount the plaintiff's health insurance has paid on her behalf, and the amount a health care provider has billed as its "usual and customary" charge.

Recent rulings of key importance.

Who's doing what; who's going where.

Recent news events for your review.

All the latest you need to know.

In last month's issue, the authors discussed the concept of "Never Events": things that should never occur absent negligence in hospitals or other health care settings. The discussion concludes herein.