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Hospitals have a legal duty to make health care as safe as is possible so that the hospital, through practitioners under its aegis, can offer the proper standard of care. When the hospital fails in this regard, a lawyer may consider a negligent credentialing claim where the hospital did not appropriately credential a practitioner and a direct claim of negligence against the hospital where the institution did not have sufficient policies and procedures, and carry them out, in order to protect patients.
For more than one year, product liability cases have been pending against Merck's osteoporosis drug, Fosamax'. Despite having one of the highest side effect profiles of any drug in the U.S. prescription database, Fosamax remains on the market, and available by prescription. When a drug remains on the market during litigation but the manufacturer refuses to warn about a known risk, places the information about the risk in an obscure location or provides inadequate information about the severity of the risk, there is a public problem ' for both patients and prescribers alike ' in the form of a health hazard about which most prescribers have insufficient information.
Risk-managing one's medical practice involves gauging the quality of the legal advocacy put forth to advance a physician's professional interests. In medical malpractice litigation, as we all know, victory is fleeting but setbacks are long-lasting. Therefore, as an attorney, expect to be evaluated with an eagle eye ' and respond to your client's fears with professionalism and reassurance.
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The latest happenings in this important area.
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In recent years, numerous professional medical associations, such as the American College of Obstetrics and Gynecology (ACOG), the American Association of Neurological Surgeons (AANS), the American Medical Association (AMA), and many others have taken on the 'hired gun' experts by promulgating expert witness guidelines and oaths of affirmation intended to self-regulate medical expert testimony in the courtroom. The guidelines and affirmations are typically part of larger professional conduct programs meant to improve the quality of expert witness testimony and increase the probability of equitable outcomes. American Academy of Pediatrics, Guidelines for Expert Witness Testimony in Medical Malpractice Litigation.
Getting a group of doctors into a room with members of a legal profession is not what you'd call a common occurrence. But the University of Richmond School of Law wants to change that. The school is offering a medical malpractice law and litigation course for its law students and local practicing physicians who can earn continuing medical education credits. It's the first law school course of its kind, and something many law schools are considering in order to bring lawyers and doctors together.
It is no surprise to anyone that health care spending continues to rise at what is generally considered the fastest rate in U.S. history. As a result, the health care industry is growing exponentially and is under incredible market pressure. Medical device companies and pharmaceutical companies constantly compete to provide newer and better drugs and devices as well as balance issues relating to cost, patient safety and liability. In order to compete in this environment and develop safe and effective products, testing on human volunteers through clinical trials is necessary. Naturally, because they involve human beings, clinical trials have increasingly become the subject of litigation.