Off-Label Promotion and Product Liability
The pharmaceutical industry has recently felt empowered and emboldened by one final court decision and another pending case that would seemingly allow companies to distribute, proactively, information about unapproved uses, i.e. , off-label, so long as the information is truthful and not misleading. However, companies must, nevertheless, consider potential product liability ramifications. There is no indication that, because firms may now be allowed certain latitude in one area, they are immune from product liability exposure.
Med Mal News
Items about website slander of a doctor, and over-prescription of drugs.
Collaborative Arrangements And Physician Liability
There was a time when people who were sick or pregnant would go to the doctor's office and be examined and treated by a physician. As the practice of medicine and the provision of health care continue to evolve, it has become increasingly common that diagnosis, care and treatment are provided not by physicians, but by other health-care professionals, such as nurse practitioners and midwives.
Litigating Effectively in a Contentious Environment
Frivolous lawsuits. Sneaky discovery decisions. Unreasonable motion practice. "Rambo" litigators. If you are a defense attorney, you likely encounter one or more of these abusive litigation tactics on a monthly ' if not a weekly ' basis. How can they be addressed?
Verdicts
Analysis of a key ruling involving a change of domicile.
Cross-Examination Using Learned Treatises
Anecdotal evidence suggests that a once common cross-examination technique ' impeachment with so-called "learned treatises" ' may be passing out of favor. If so, the trend should be reversed. Here's why.
Killing the Goose That Laid the Golden Egg
Last month, the authors began discussion of a trend in New Jersey case law that has been moving that state toward the expansion of hospital liability through the continuous erosion of the statutorily imposed $250,000 charitable immunity cap. They continue their analysis of this trend and its consequences herein.
Med Mal News
Does a home birth disqualify a child from receiving state funds? Analysis of a case from New York.
Verdicts
A appeals court permits a med-mal suit based on failure to follow the law.
