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Med Mal News
April 28, 2009
Recent news important to you and your practice.
Natural Orifice Surgery
April 28, 2009
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.
Exercise of Medical Judgment or Deviation from the Standard of Care?
April 28, 2009
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
April 28, 2009
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.
NY Issues New Professional Responsibility Rules
April 28, 2009
On April 1, 2009, the Rules of Professional Conduct went into effect and replaced the current New York Lawyer's Code of Professional Responsibility as the governing rules of professional responsibility for attorneys in New York State. Here is an explanation.
The Progressive Lawyer: Mandatory Audio-Recording of Forensic Interviews in Child Custody Cases
April 28, 2009
While the majority of our jurisdictions now have case law to support the premise that audio-taping is mandatory upon request, there has always been a measure of resistance to the concept, generally emanating from a relatively small percentage of practicing custody experts.
Recent Tax and Estate Planning Developments
April 28, 2009
A payor-ex-spouse buying life insurance for the payee-ex-spouse as part of a divorce settlement is almost ubiquitous. Although estate planners routinely recommend that clients review their planning periodically ' especially if a change occurs ' few clients tend to listen. The cost of not heeding that advice, and a few interesting legal issues, were pointed out in a recent case.
Specific-Questions Guide to Child Custody Investigations
April 28, 2009
No matter how skilled a forensic examiner may be in conducting an evaluation, the relevance of the information gathered in the evaluation is directly tied to the clarity and scope of the questions that guide the investigation. Here is a comphrehensive guide to the correct questions.
Movers & Shakers
April 27, 2009
Who's doing what; who's going where.
Warn Potential Patent Infringers: But Do Your Homework First
April 27, 2009
Part One of this article addressed <i>800 Adept, Inc. v. Murex Secs., Ltd. et al.</i> and the required level of care that must be taken before issuing notice letters to potential infringers and the legal standard under which that care may later be judged. This second installment discusses <i>Dominant Semiconductors Sdn. Bhd. v. OSRAM Gmbh.</i>

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