Features
Natural Orifice Surgery
Natural orifice transluminal endoscopic surgery ' often referenced by the acronym NOTES ' is becoming increasingly popular. Here is a discussion of potential avenues of liability claims associated with the surgery.
Features
Exercise of Medical Judgment or Deviation from the Standard of Care?
In a handful of states, a doctrine known as the "medical judgment rule" establishes a distinction between the legitimate exercise of medical judgment and a deviation from the accepted standard of care on the part of a physician. In New Jersey, the medical judgment rule is set out in Model Jury Charge 5.50G. This article provides a look at medical judgment and standard of care as outlined in the rule.
The Autism Cases, and What's Next
The fight to get recognition of a link between autism and childhood vaccines took a heavy blow in February when the U.S. Court of Federal Claims found no such connection in the three test cases before it. Results of recent studies certainly portended these outcomes, but hope remained that the so-called Vaccine Court ' the Office of Special Masters of the U.S. Court of Federal Claims ' might side with the claimants.
Wyeth: The Plaintiff's Perspective
Another point of view on this key ruling from the Supreme Court.
Features
Verdicts
Recent rulings of interest to you and your practice.
Drug & Device News
The latest news of importance to you and your practice.
Features
Opinion: Supreme Court Botches Preemption Case
One author's strong views about <i>Wyeth v. Levine</i>.
Tort Reform Damage Caps in California, and Beyond
In last month's newsletter the authors looked at California's 25-year-old medical malpractice award damage cap legislation ' the Medical Injury Compensation Reform Act (MICRA) ' and began to explore arguments for and against its constitutionality. Herein, they continue that discussion.
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