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We found 1,277 results for "Medical Malpractice Law & Strategy"...

Lost in Translation: Electronic Medical Records, HIPAA and Litigation
Health care providers and their attorneys must be aware of the risk management issues created by the cross-requirements of HIPAA and HITECH, including how the electronic medical record (EMR) will be viewed and interpreted in the event of litigation.
<b><i>BREAKING NEWS:</b></i> Supreme Court Upholds Health Care Law
In a stunning victory for the Obama administration, the U.S. Supreme Court on June 29 upheld the centerpiece of the nation's new health care law ' the so-called individual mandate to buy insurance ' as a constitutional exercise of Congress' taxing authority.
Med Mal News
Two recent items of importance.
Verdicts
In-depth analysis of recent rulings.
Drug & Device News
Several items of key importance are discussed.
Understanding the Basics of Nursing Home Negligence Matters
Nursing-home negligence claims are on the rise. Here are the types of claims are most plaintiff attorneys likely to see, and some of the basics they should know about them.
Social Security Determinations
In a medical malpractice litigation, should a Social Security Administration (SSA) determination of disability be admitted as evidence? A look at a recent court case.
The Conflict over Medicare's 'Full Reimbursement' Rule
If the Medicare beneficiary compromises the tort claim and recovers a reduced amount from the tortfeasor for medical expenses,is the government entitled to full reimbursement of its Medicare payments, or is it entitled (like its beneficiary) to only a proportionate recovery from the settlement?
The Evolving Landscape of Modern Tort Liability
While the call for tort reform is a continuing cry by opponents of our civil justice system, the necessity for, and the scope of, reform remains largely debatable.
Verdicts
Recent key rulings are analyzed.

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  • Coverage Issues Stemming from Dry Cleaner Contamination Suits
    In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
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  • The Flight to Quality and Workplace Experience
    That the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.
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  • AI or Not To AI: Observations from Legalweek NY 2023
    This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.
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  • The Powerful Impact of The Non-Foreclosure Notice of Pendency
    RPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.
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