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

Medical Malpractice Claim or EMTALA Violation?
June 21, 2013
What are the causes of action for an EMTALA claim? What constitutes an "adequate" screening, and how can a plaintiff show that the screening he or she received fell short?
Medicare's 'Never Events' Should Never Be Mentioned in Court
June 21, 2013
Med Mal practitioners are questioning whether never events, and their related payment issues, is admissible into evidence at trial. What is the current state of the law, and what issues can we anticipate will come up in the future?
Verdicts
May 28, 2013
An in-depth study of ruling of interest.
Drug & Device News
May 28, 2013
Review of the latest news.
Med Mal News
May 28, 2013
A look at several recent news items.
Foreseeable Harm to Third Parties Keeps Claim Against Drug Makers Alive
May 28, 2013
Alabama's Supreme Court in January rendered a potentially far-reaching decision in a case pitting a consumer against drug manufacturers. While its holding applies only to cases brought in Alabama, the court's decision may lead to that state's becoming the preferred forum for certain types of drug litigation:
Informed Consent and Res Ipsa Loquitur
May 28, 2013
Two concepts that are mainstays of the medical malpractice arena are: 1) lack of informed consent; and 2) <I>res ipsa loquitu</I>r. Some plaintiffs may attempt to pursue these two theories in the same case. Is either of them ripe for dismissal?
Nursing Home Arbitration Provisions
May 28, 2013
What is the enforceability of nursing home arbitration clauses? A look at federal and state rulings.
Using an Online Deadline Management System To Reduce Risk
April 30, 2013
Managing deadlines is a critical part of every law practice. Missed deadlines are frequently one of the most common reasons lawyers get sued or their clients file grievances.
NJ & CT News
April 29, 2013
What's happening in neighboring states.

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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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