Verdicts
A look at a case in which a medical provider was sued for allegedly providing a drug overdose to an alcoholic patient.
Strict Liability Claims for Prescription Medical Products
On July 16 of this year, decisions by two federal judges once again spoke to the Pennsylvania Supreme Court's silence on a fundamental issue of tort law applicable to prescription medical product liability claims in the Commonwealth.
Med Mal News
Discussion of a case in which the TX Medical Board's restrictions on telemedicine brought on a lawsuit.
Health Care Fraud Enforcement
In March 2015, the DOJ and HHS)released their annual joint report to Congress on the Health Care Fraud and Abuse Control Program (HCFAC) detailing monetary recoveries, return on investment and enforcement actions for fiscal year (FY) 2014, which ended on Sept. 30, 2014. This article discusses that report.
Navigating Insurance Coverage Issues in Med Mal Litigation
For a physician or other health care defendant, being sued for medical malpractice is stressful. The saving grace for many is the financial safety net of liability insurance to cushion the blow and avoid monetary ruin for a physician or hospital. However, every net ' including a safety net ' has holes.
Policies and Procedures As a Basis for Liability
In last month's newsletter, we discussed the fact that, in some jurisdictions, evidence that medical facility policies and/or procedures were not followed may be introduced to show that its medical practitioners did not meet the standard of care. The discussion concludes herein.
Health Care Policies and Procedures As a Basis for Liability
Well-crafted policies and procedures are an essential part of the operation of modern health-care facilities. However, in the event of a bad outcome, policies and procedures become evidence in litigation, and "violations" frequently become the central focus of malpractice claims.
Physician-Assisted Suicide
On Feb. 6, 2015, the Supreme Court of Canada issued a landmark ruling, overturning precedent only two decades after it held that Canadian citizens have the right to end their lives, but if done with the assistance of a physician, that physician could be held liable. This highly anticipated decision is expected to encourage the efforts of right-to-die advocates in the United States and abroad.
