Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Search

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

One Vaccine-Caused Autism Claim to Be Paid
April 28, 2008
The parents of the approximately 5,000 children who developed autism symptoms following vaccination who currently have claims filed with the government seeking compensation were given an unexpected shot of hope in March by the news that the government had agreed to compensate one child for vaccine-related onset of autism symptoms.
Mediating with Insurance Companies
April 28, 2008
In mediations involving insurers, lawyers and mediators need answers to unique questions: What kind of insurance exists? Why was it obtained? Do parties perceive it as a 'blank check'? How and when does the topic of insurance come up and who raises it (parties or mediators)? Does it raise unique issues, such as multiple representation, confidentiality and conflicts of interest?
Commercial Medical Practice: The Walk-in Clinic
April 28, 2008
Last June, the AMA requested that state and federal agencies initiate investigations into the growing retail-based health clinics run by major pharmacies across the country. The Association claims that there are potential conflicts of interest at these clinics, because the primary goal is profit-making by luring patients to the pharmacy to fill the prescriptions written by the in-house health provider.
Verdicts
March 28, 2008
Recent high-profile rulings.
Med Mal News
March 28, 2008
The latest news items you need to know.
Drug & Device News
March 28, 2008
Recent happenings of interest to you and your practice.
Supreme Court Handles Device Makers a Victory
March 28, 2008
The U.S. Supreme Court in February tackled an issue that has come up frequently in lawsuits brought by plaintiffs claiming they've been injured by medical devices: Do the Medical Device Amendments of 1976 preempt state law-based claims against device manufacturers? The Court had partially answered the question in <i>Lohr v. Medtronic</i>, but the fact situation in that case did not necessarily make its decision applicable to other cases against medical devices manufacturers.
Lack of Informed Consent vs. Battery
March 28, 2008
Last month, we discussed the fact that a recent decision by the California Court of Appeal explores the relationship between the doctrine of informed consent and the intentional tort of battery. The case was <i>Saxena v Goffney</i>. This is the conclusion of that discussion.
The FTCA and the Payment of Tort Damages
March 28, 2008
Federal government attorneys recently unsuccessfully attempted to convince a Federal District Court and the U.S. Court of Appeals for the Fifth Circuit to rewrite the terms of the Federal Tort Claims Act ('FTCA') to allow the creation of a reversionary trust rather than give a lump-sum award to pay for a medical malpractice plaintiff's future medical expenses.
Emerging Internet Telemedicine Issues
March 25, 2008
Internet telemedicine, in use to varying degrees for more than a decade and general technology-assisted telemedicine for much longer than that, is plagued by concern for patients whose physicians prescribe medication without a face-to-face examination. The result has been that state boards of medical examiners and state legislatures throughout the country have initiated disciplinary hearings and legislation to limit a physician's ability to practice medicine without prior hands-on contact with a patient.

MOST POPULAR STORIES

  • The Roadmap of Litigation Analytics
    Litigation analytics can be considered a roadmap of sorts — an important guide to ensure the legal professional arrives at the correct litigation strategy or business plan. However, like roadmaps, litigation analytics will only be useful if it's based on data that is complete and accurate.
    Read More ›
  • 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.
    Read More ›