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We found 1,279 results for "Medical Malpractice Law & Strategy"...

Drug & Device News
September 25, 2013
Discussion of several key items.
Limiting a Patient's Ability to Recover Under NJ's Tort Claims Act
September 25, 2013
New Jersey's TCA governs all causes of action in tort against public entities and public employees. Here's how it works.
Communications @ Risk
September 25, 2013
A text message or e-mail may be misinterpreted or be seen by unintended eyes, thus expanding a physician's potential legal liability.
Relearning the Learned Intermediary Doctrine
September 25, 2013
Courts in nearly every state have embraced some form of the "learned intermediary doctrine," which provides that a prescription drug manufacturer satisfies its duty to warn so long as it provides an adequate warning of the drug's potential risks to the plaintiff's prescribing doctor.
Verdicts
August 28, 2013
Analysis of two recent key rulings.
Med Mal News
August 28, 2013
Discussion of Two Important Issues.
Drug & Device News
August 28, 2013
Important news you need to know.
The Media
August 28, 2013
Despite the evidence of downward trends in U.S. litigation numbers, when the media makes comments on the tort system, such as in editorials, it is almost exclusively critical of "the system.
Communications @ Risk
August 28, 2013
An in-depth discussion of the pros and cons of physician/patient electronic communications.
Avoidable vs. Unavoidable Pressure Ulcers: A Summary of the Federal Regulations
August 28, 2013
Attorneys' knowledge of the federal regulations and interpretive guidelines aids in determining whether medical personnel properly monitored a patient and intervened to revise the patient's care plan in response to a developing problem..

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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