Neurologists Revamp Testimony Guidelines
January 27, 2006
Neurologists who testify in court are coming under tighter scrutiny by medical authorities seeking to weed out unqualified witnesses from the courtroom. In a move that has irked plaintiffs' attorneys, the American Academy of Neurology (AAN) recently revamped its 16-year-old guidelines regarding expert witness testimony by neurologists. The new guidelines were formally adopted earlier this year, and went into effect Jan. 10.
Causes of Action for Loss of Cryopreserved Embryos
January 27, 2006
In last month's issue, we discussed how suits seeking damages for the wrongful deaths of cryopreserved pre-embryos are, at present, generally doomed to failure. Unless state legislatures change the definitions of the word "person" in their wrongful death statutes, courts in the several states are going to remain reluctant to extend the availability of wrongful death recovery to what are, arguably, merely potential "persons." The outcome on this issue in our illustrative case, <i>Jeter v. Mayo Clinic Arizona</i>, proved no exception to the rule. However, the Jeters -- who had had their cryopreserved pre-embryos apparently lost by the clinic charged with preserving them -- did prevail in their fight to reinstate their suit on several other grounds. Although based on application of Arizona law, the Jeters' successful arguments on appeal could be used, with some tweaking, in other jurisdictions when reproductive assistance caregivers are accused of failing to act with proper care.
The Double Blind Placebo Controlled Trial
January 27, 2006
The blind allegiance to what I call the "fool's gold standard" lives on. Anyone with even a passing interest in bioethics knows it is unethical to conduct a double blind placebo controlled trial where standard therapy exists, except under limited circumstances. The exceptions are where: 1) there is no risk of harm if the patient forgoes treatment during the placebo phase such as in a trial for a drug that seeks to cure hair loss or impotence; 2) the standard therapy carries such severe side effects that patients might choose to avoid it; or 3) the standard therapy is otherwise of questionable efficacy. Still, sponsors and researches continue to design and conduct such trials, providing the familiar excuse: "The FDA made us do it."
Five Steps For Forming An e-Discovery Group
January 26, 2006
Unfortunately, many businesses have not developed appropriate document-management plans prior to litigation, and many lawyers are not prepared to handle the complexities of e-discovery once litigation begins. Not a month (and sometimes not even a week) goes by without a new decision reporting sanctions for failure to handle electronic documents appropriately. <br>Simply put, businesses are spending too much money for poor results. And the problems likely to result from these risky approaches are much easier to see than the problems that may arise from not being ready for e-discovery demands: These businesses are unprepared for the realities, difficulties, expenses and risks of managing their electronic documents. That must change.
Perfecting The Document Destruction Policy
January 26, 2006
The Sarbanes-Oxley Act, along with recent decisions saddling corporations with huge fines and sanctions for failing to preserve evidence, have paralyzed many companies ' an unfortunate and costly result that is forcing companies to unnecessarily incur hundreds of thousands of dollars a year in document-storage and document-management costs. <br>But the good news is that destroying documents as part of a reasonable and carefully implemented document-retention program isn't only legal: It is a legal and business necessity given today's proliferation of corporate records.
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