Med Mal News
Review of a case in which another health care worker was indicted for stealing opioids at work.
Proper Objections at a Personal Injury Deposition
When asserting the doctor-patient privilege, a witness cannot refuse to reveal medical incidents or facts once the witness has put the medical condition in controversy. Often, in a personal injury case, the plaintiff has already put a specific injury at issue by filing the lawsuit.
Law Firms Grapple With Cybersecurity Issues and Regulatory Risks
Security is always a concern for law firms, and the risks have only grown in recent years. Increasingly, attorneys, staff and clients have become more mobile and rely on an array of laptops, smartphones and tablets to stay connected 24/7. As more data is created and resides in more places, it becomes more vulnerable.
Med Mal News
Professional Association's Censure Not Actionable in Courts
Nursing Homes, Long-Term and Advanced-Care Facilities
In light of corporate negligence's history with state courts, the question becomes: What types of duties have been found to flow directly from nursing homes, long-term and advanced-care facilities to a potential plaintiff, bypassing employees and agents entirely?
Sharing Medical Device Mass Tort Actions
A medical device case poses numerous pleading problems. However, before one even reaches the pleading stage, there are major hurdles to consider. The major issue facing the plaintiff's lawyer during client intake is to decide which cases to file immediately and which cases can wait. This depends, of course, on the statute of limitations the lawyer determines will be applicable ' and that is no small task.
Cyber Insurance Litigation
On Sept. 9, 2015, Excellus BlueCross BlueShield announced a data breach that compromised about 10.5 million people's personal information, including Social Security numbers and medical and financial information. Excellus discovered the data breach during an investigation of its computer system. The breach had occurred on Dec. 23, 2013. A class action has already been filed, and Excellus is cooperating with the FBI.
Mobile Medical Apps and Product Liability
As mobile medical apps become central to medical care, litigation is inevitable. A threshold issue in such litigation is likely to be whether or not a mobile app is, in the first instance, subject to FDA regulation.
Verdicts
Hospital Remains in Suit After Court Finds Ostensible Agency <br>NY Appeals Court Finds Physicians May Opine As to Proximate Cause in Cases Involving Claims Outside Own Specialty
