Medical Battery
January 29, 2008
Medical battery is generally defined as a touching that the patient has not consented to. This occurs when the care provider steps far outside the agreed-upon scope of treatment or, more infrequently, omits to obtain any consent to treatment at all. The New Jersey Supreme Court defined the concept in <i>Perna v. Pirozzi</i>: 'If the claim is characterized as a failure to obtain informed consent, the operation may constitute an act of medical malpractice; if, however, it is viewed as a failure to obtain any consent, it is better classified as a battery.'
Privacy and Consent
January 29, 2008
Internet telemedicine is plagued by concern for patients whose physicians prescribe medication without a face-to-face examination. Consequently, 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.
No More Free Lunch!
January 29, 2008
Legally speaking, a cause of action for a physician's failure to disclose a financial relationship with a drug company or medical device manufacturer may take the form of a medical malpractice case for lack of informed consent or breach of fiduciary duty. This article discusses what physicians can do.
Emerging Internet Telemedicine Issues
January 29, 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. But emerging technology and medical advancements may be stifled by problems unique to Internet telemedicine.
Can I Get a (GAAP) Witness?
January 29, 2008
John and Timothy Rigas ('the Rigases') were convicted in 2004 by a federal jury for their roles in looting millions of dollars from Adelphia Communications Co. and for failing to disclose billions of dollars in company liabilities on Adelphia's financial statements. In their appeal to the Second Circuit, the Rigases argued that because their convictions were predicated on Adelphia's accounting for liabilities in its financial statements, the prosecution was required to call an accounting expert to explain the technical aspects of applicable Generally Accepted Accounting Principles (GAAP). The Second Circuit recently affirmed all but one of the counts of convictions. Here is an analysis of the case.
IT''S ALL ABOUT YOU
December 28, 2007
This is YOUR web site for YOUR practice. It doesn't belong to us, it belongs to YOU. Let's make 2008 the Year of Becoming Interactive. Let's make you the star(s).
Consumer Fraud Actions: The Applicability of the Learned Intermediary Doctrine
December 27, 2007
There is much uncertainty surrounding if and how well-established defenses to traditional product liability claims will translate in non-personal injury consumer fraud actions. At the forefront of this uncertainty is the applicability of the learned intermediary doctrine in consumer fraud actions involving pharmaceuticals or medical devices.
Verdicts
December 21, 2007
Recent rulings of interest to you and your practice.
Med Mal News
December 21, 2007
Recent happenings of interest.
