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We found 1,278 results for "Medical Malpractice Law & Strategy"...

Verdicts
November 02, 2014
In-depth analysis of a recent ruling.
Electronic Health Records
November 02, 2014
While EHRs are here to stay, what are the benefits and risks of this product? Do they create more or less legal liability for medical providers?
Employee Bad Acts
November 02, 2014
In last month's newsletter, the author began discussion of medical institutions and their liability exposure for the bad acts of their employees by highlighting the notorious case of nurse Charles Cullen. He admitted to deliberately killing at least 40 patients, yet the plaintiffs who sued the last hospital that employed him were unable to recover because they could not prove causation. Are all such cases doomed?
Did the Affordable Care Act End the Collateral Source Rule?
November 02, 2014
This article explores the possibility that as cases are litigated under the Affordable Care Act, there is an opportunity for a change in the collateral source rule and the corresponding impact on the presentation of damages in personal injury cases.
Practice Tip: Calculating Structured Judgments
November 02, 2014
After a verdict, both parties usually submit a proposed judgment to the court with an economist's report. The court then decides the amount of the judgment to be docketed. But before the momentum of the trial reaches that stage, the plaintiff's attorney should undertake his/her own calculations. This article uses New York's structured judgment statute as an example.
Drug & Device News
October 02, 2014
A case involving trade secrets and the public's right to know.
Medical Monitoring: A Recent Ruling in New York
October 02, 2014
When a patient takes a medication that does not at first appear to harm him but that could cause later-developing consequences, or when a medical error is made that causes no immediately measurable harm but that could lead to future injury, is a medical monitoring remedy available? The following article discusses one state high court's recent analysis of the issue.
Med Mal News
October 02, 2014
Analysis of recent news of interest to you and your practice.
The Statute of Limitations and the Mentally Incapacitated Plaintiff
October 02, 2014
Statutes of limitations are intended to protect defendants from unexpected enforcement of stale claims by plaintiffs who fail to use reasonable diligence in prosecuting their claims. However, the effects of statutes of limitations have exceptions, primarily based on equitable considerations.
Employee Bad Acts
October 02, 2014
How should the plaintiff's attorney proceed against a hospital and/or medical institution when seeking to hold it civilly liable for the bad acts of its employees?

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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