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

Genomic Testing: The Perils and the Pitfalls
July 02, 2017
There are pitfalls for providers and companies that offer genomic testing. They might include not offering genetic testing if it is indicated, not offering the proper testing, or reporting inaccurate or misleading results. Each of these has the potential to generate a lawsuit, and indeed each of them already has.
Managing Cyber Risks in Medical Practices
July 02, 2017
<b><I>Part One of a Two-Part Article</I></b><p>We often associate cyber-risks with financial institutions, but while the financial sector certainly does deal with cyber-risks, it is by no means the only industry facing such woes. Health care providers are also vulnerable to cyber-liability risks.
Product Liability, Bankruptcy and the Proceeds of Legal Action
July 02, 2017
A recent case dealt with an unusual question presented to a bankruptcy court by a debtor's medical device product liability claim: If, at the time of bankruptcy filing, the debtor has a potential civil claim that lacks some of the elements necessary for recovery (which elements may never develop), yet later receives settlement, are the proceeds of that settlement part of the bankruptcy estate?
Verdicts
July 02, 2017
A court recently declined to order a new trial in a medical malpractice case in which defense counsel made an erroneous statement concerning the burden of proof, after finding that the plaintiff failed to show prejudice.
Product Liability, Bankruptcy and the Proceeds of Legal Action
July 02, 2017
When does a cause of action accrue for an injury caused by an implanted medical device? This is a question that usually comes up when determining whether an allegedly injured plaintiff has brought his or her lawsuit in a timely enough manner to keep the claim from being thrown out on statute of limitations grounds. But if the case has been settled, or tried to a verdict that is not appealed, aren't we done with this question? Not necessarily.
Drug & Device News
July 02, 2017
News about a new drug for ALS, and pelvic mesh litigation.
How Analytics Is Shaping the Current and Future Practice of Law
July 02, 2017
The nature of legal work today and the need to consume vast amounts of unstructured text make our profession a ripe target for the promise of machine learning and artificial intelligence.
How Analytics Is Shaping the Current and Future Practice of Law
June 02, 2017
Anyone following the news headlines of late is aware that artificial intelligence (AI) is being heralded as the technology that will transform industries far and wide — including the legal profession. Here we will briefly consider three areas or "maturity levels" of analytics — descriptive, predictive and prescriptive — and look at their role in revolutionizing the practice of law today.
Patient Safety Work Product and Its Limitations: A Discussion of Two Recent Cases
June 02, 2017
In the context of medical malpractice litigation, it is important for lawyers representing the injured patient and health care providers to understand the overall purpose of the Healthcare Quality and Improvement Act, as well as its limitations as far as patient safety work product is concerned.
<b><I>Daubert</I></b> Motions Really Do Work
June 02, 2017
<b><I>Part Three of a Three-Part Article</I></b><p>Last month, the author described two of his six tips for achieving success with <I>Daubert</I> motions. Here, he concludes by offering four more.

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  • Internet Goods and Product Liability
    The Internet's value arises in part from its ability to provide images, data and content quickly and at little cost. This ability results from the fact that Internet products — whether they be images, data or content — are each reduced to a digital format. Sharing products that have been so reduced may result in product liability.
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  • Understanding the Potential Pitfalls Arising From Participation in Standards Bodies
    Chances are that if your company is involved in research and development of new technology there is a standards setting organization exploring the potential standardization of such technology. While there are clear benefits to participation in standards organizations &mdash; keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization &mdash; such participation does not come without certain risks. Whether you are in-house counsel or outside counsel, you may be called upon to advise participants in standard-setting bodies about intellectual property issues or to participate yourself. You may also be asked to review patent policy of the standard-setting body that sets forth the disclosure and notification requirements with respect to patents for that organization. Here are some potential patent pitfalls that can catch the unwary off-guard.
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