Medical Malpractice Law & Strategy

When tortious conduct causes injuries, the plaintiff is allowed to recover as special damages the 'reasonable value' of the medical services needed to treat the injury. Today, determining what is the 'reasonable value' of health care services is becoming a more challenging task.

Recent rulings of interest to you and your practice.

What you need to know.

What's happening in this all-important area.

The authority to concede liability derives from a defendant's inherent right not to contest claims made by a plaintiff. There has been a general reluctance to concede liability on the part of the defense bar, based as much on the inability to recognize what is to be gained by such an approach as on an unrealistic fear of what may be lost. However, conceding liability can provide a valuable opportunity to enhance one's credibility, as well as a vehicle to provide damage and expense control. In the appropriate case, conceding liability can be a particularly effective strategy, which tends to be underused. What are the risks and benefits of conceding liability? In which cases is it appropriate to employ the strategy? We address herein some of the practical aspects.

The U.S. Court of Appeals for the District of Columbia in March began reconsideration of its decision that held it was unconstitutional for the Food and Drug Administration (FDA) to withhold experimental drugs from terminally ill patients. The order for rehearing en banc was issued in November 2006. The case pits dying, often desperate, patients against the FDA and its policies aimed at protecting the public from dangerous and unproven medications.

Physicians and policymakers have long decried the risk of malpractice liability as the greatest obstacle to volunteerism in health care. Over time, lawmakers across the country have responded to these concerns, and today there is an array of federal and state laws that protect volunteer health care providers from lawsuits arising from the provision of charitable medical care. Prudent defense counsel should be aware of the laws that exist to protect volunteer health care providers, and should know just when those laws apply. What federal and state statutes immunize providers of charitable health care, and how can those statutes operate to protect defendants in medical malpractice actions?

Recent rulings of importance to you and your practice.