"Damages" in an Injury Lawsuit: An Introduction for Lay People
Your Deposition: What to Expect
Trial by Jury: Why It Matters in a Democratic Society
The Burden of Proof -- What must plaintiffs prove to win their case?
Bringing a Lawsuit to Find Out What Happened and Why
Subrogation: Piggyback Claims by Health Insurers in Injury Lawsuits
Who Can Sue the U.S. Government for Injuries? A Legal Primer
Why Secret Settlements of Injury Lawsuits Are Bad (for Everyone but the Defendant)
How Big Tobacco Handles Lawsuits -- Attrition and Wait for Deaths
The Evolution of Informed Consent in U.S. Courts
How Auto Defects Can Cause Passenger Injury
What patients misunderstand about their right of informed consent
Blecker: GM Recalls Show Need for Harsher Penalties for "Red Collar" Criminals
Attorney Client Privilege
Proximate Cause - An Important Practice Tip for Personal Injury Lawyers
Understanding Supplemental Spousal Liability Insurance in NY
The Integrated and Coordinated Approach to Title IX Compliance
Hailey French’s Story – When millions barely cover the bills.
What happens if more than one person is responsible for an accident?
What is Subrogation and How Does it Affect Settlement Amounts?
In This Issue:
Judgements, Legislation, and Reports.
Excerpt from Judgments:
15 October 2014 -
Gray v Richards  HCA 40 -
In 2003, a 10-year-old girl...more
A New Jersey federal court granted summary judgment to Baxter Healthcare Corporation (Baxter) last month based on a familiar legal concept rarely applied in the Garden State – warning causation. In Baker et al. v. APP...more
UPDATED THROUGH September 4, 2012
Attorney’s Fees – Appellate. Does section 57.105, Florida Statutes, support an award of appellate attorney’s fees for the filing of an administrative appeal without citing material...more
Progress is being made in the national effort to let patients know which hospitals do the best job in preventing infections. But patient safety advocates are worried that some of the early reports of hospital-specific...more
Because the effects of nicotine are deadly, because cigarettes are so addictive (some research indicates it’s harder to kick nicotine than it is heroin), any and all efforts should be made to quit smoking.
In trying to...more
On Sept. 29, the Appellate Division took a significant step forward in clarifying and reinforcing the presumption-of-adequacy defense provided to manufacturers of prescription drugs under the New Jersey Product Liability Act...more
We’ve all heard tabloid tales of hospital personnel taking unauthorized peeks into celebrity patient files and selling the dishiest contents for personal gain. But there’s also reason for the rest of us to to guard our...more
In this issue:
Seventh Circuit Appeal in Case Against Medical Center Could Impact the Ability to Bring Suits Under the False Claims Act; Putative Class Action Seeks Ruling That Illinois Health Care Providers Must Accept...more
The Centers for Disease Control and Prevention (CDC) is working with public health officials across the country and the U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS) to determine the cause of...more
In 2009, the Environmental Protection Agency declared a public health emergency arising from the long term asbestos exposure of Libby, Montana residents. The exposure occurred due to the operation of a vermiculite mine in...more
Minimum Hospital Standards and Appropriateness Review-Updated Credentialing and Privileging Standards
• Prior to December 22, 2010, hospitals were obligated under New York law to “look back” ten (10) years in a physician’s...more
Goals of Program:
• What must a plaintiff establish in order to succeed in a
negligent credentialing case
• Review of recent cases and their impact on a hospital’s duty to
• How to successfully...more
In July 2010, the White House published an ambitious strategy to “undertake a more coordinated national response to the HIV [human immunodeficiency virus] epidemic.” While public concern on the issue has waned in recent...more
Last month, in a move that many trial attorneys believe will reduce the quality of patient care, President Obama submitted a budget that calls for a major revamping of medical malpractice laws.
As explained in this NPR...more
ORIGINS of INFORMED CONSENT
The Common Law:
- Civil and Criminal Battery
Since all established English law as it existed in 1776 was incorporated into Maryland law, it has been a tort for a doctor...more
In a recent case, a Dayton-based managed health care organization, CareSource, agreed to pay $26 million to settle claims alleging CareSource defrauded the federal government. Two former employees brought whistleblower...more
In This Presentation:
Increased Fraud Enforcement Activity; Current Enforcement Climate; Prosecution and Exclusion of Individuals; Inter-relationship with Kickback Allegations; Off-Label Enforcement Activity; Fraud...more
A West Virginia couple who had been awarded more than $1.5 million in damages in a medical malpractice case only to have the award cut by two-thirds is challenging the state law that caps medical malpractice payouts to...more
Without a license to practice medicine or surgery or nursing or whatever, no health care practitioner can touch a patient. So the state licensing boards that issue -- and are authorized by law to take away -- licenses are...more
The safety of our pharmaceutical supply is of the utmost importance and the failure to control the quality of medications produced can have serious ramifications, including long lasting injuries, side effects and even...more
The Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) are warning healthcare professionals that sharing blood glucose monitoring machines carries the risk of transmitting the...more
The Center for Justice & Democracy has a new fact sheet on recently published studies on medical malpractice, hospital errors and preventable injuries.
The depressing findings...
Please see full article below for more...more
Since Congress passed the Medicare, Medicaid and SCHIP Extension Act (MMSEA or the Act), litigants have scrambled to interpret the language and discern the likely ramifications of the Act on the resolution of...more
A lesson in the safety and efficacy of new drugs is very simple: small studies are bad, big studies are good. This lesson has been proven all over again with a big trial of a heart failure drug called Natrecor (generic name:...more
The Food and Drug Administration has issued Class I recalls of Hospira Symbiq One and Two-Channel infusers and Medtronic Octopus Nuvo tissue stabilizers.
Class 1 recalls are the most serious type of recall and involve...more
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