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Minorities and the Uninsured at Greatest Risk of Suffering Malpractice

When it comes to quality of medical care in the United States, all patients are not treated equally. Minorities, poor people and those without private insurance are more likely to receive substandard care and to suffer the consequences.

Ordinary Negligence vs. Medical Negligence

We have seen how the characterization of a tort as either one of medical malpractice or ordinary negligence can have significant impacts on how a case progresses. Will a medical expert's opinion be needed before the case can proceed?

mHealth: Boon or Bane?

mHealth is the use of mobile devices such as smart phones and tablets that enable the transmission of patient information by health care providers at the point of care. What are the legal ramifications?

Verdicts

Recent rulings of importance.

Drug & Device News

News of importance to you and your practice.

Med Mal News

All the latest information.

FCA and ACA Pose Perils for Med-Mal Defendants

Changes to the Patient Protection and Affordable Care Act (ACA) now make it easy for individuals who have gained information during the discovery process in a medical malpractice suit to use that information to bring a <i>qui tam</i> action under the False Claims Act (FCA).

Professional vs. Ordinary Negligence in the Health Care Setting

The precise line of where ordinary negligence ends and professional negligence begins has remained rather murky. Here's why this makes a difference.

The Role of Informed Consent in Defensive Medicine

Studies that have attempted to quantify the costs of defensive medicine by looking at the impact that tort reform has had on health care savings have obtained inconsistent results.

Movers & Shakers

Who's going where; who's doing what.

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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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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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Professional Development: How to Be An Ally In the Legal Profession
Last year law firms sent out announcements about their commitment to Diversity, Equity, and Inclusion (DEI) efforts in response to racial tensions. One of the initiatives firms stated they implemented is a formal allyship program. However, allyship in not a program or a mindset. It is a verb.
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Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
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