News & Analysis as of

Prescription Drugs Medical Malpractice

Snell & Wilmer

Arizona Supreme Court Decides Cipro’s Black Box Warning Cannot Replace an Expert Opinion

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In Arizona, civil claims against health care professionals must be accompanied by a certified statement regarding whether “expert opinion testimony is necessary to prove the health care professional’s standard of care or...more

Napoli Shkolnik

What Is Polypharmacy And Why Should You Care?

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Polypharmacy is Medspeak for taking more than one prescription medication at a time. About one in five Americans over age 49 is a polypharmicist, of sorts....more

Morris James LLP

Prescription Errors

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Prescription errors, unfortunately, are common. Every year, 7,000 to 9,000 people die as a result of medication errors in the United States, making it the third most common cause of death in the country after heart disease...more

Robins Kaplan LLP

The Robins Justice Report Vol. 16, No. 1 - March 2022

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In January of 2018, Robins Kaplan LLP filed a lawsuit against the nation’s largest opioid manufacturers and distributors on behalf of three Tribal Nations in South Dakota. It was one of the first complaints filed by a Tribe...more

Amundsen Davis LLC

Courts Expand the Indiana Medical Malpractice Act: A “Patient” is No Longer Limited to Recipients of Care

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Within two months, Indiana courts expanded the Indiana Medical Malpractice Act beyond its previous interpretations, raising new risk management concerns for health care providers. In the pivotal 1999 decision in Sword v. NKC...more

Patrick Malone & Associates P.C. | DC Injury...

Nursing homes misdiagnose and sedate residents with strong drugs but lag on vaccinating staff

The nation’s nursing homes, battered by the coronavirus pandemic, are under more fire for their resurgent reliance on powerful and risky psychiatric drugs and shaky diagnoses of mental illness to treat elderly residents, as...more

Harris Beach PLLC

New York Supreme Court Allows Plaintiff to Plead Statutory Fraud Claim with Medical Malpractice Negligence Cause of Action

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A New York Supreme Court allowed a Plaintiff to assert a statutory fraud claim in the context of deceptive business practices under New York General Business Law (“GBL”) § 349 against Plaintiff’s neurologist in conjunction...more

Patrick Malone & Associates P.C. | DC Injury...

Corporate titans faulted for playing dubious roles in opioid-overdose crisis

Walmart and Johnson and Johnson, two of America’s corporate titans, each acted in ways that helped to fuel the opioid crisis that federal experts estimate claims 128 Americans’ lives each day, news media investigations show....more

Patrick Malone & Associates P.C. | DC Injury...

As virus slams U.S., courage and valor are on display — but some not-so-great behavior too

As the Covid-19 pandemic slams the United States — with infections exceeding 100,000 and deaths spiking  beyond 2,000 — the battle with the viral outbreak underscores the axiom that a crisis brings out true character, good...more

Patrick Malone & Associates P.C. | DC Injury...

Ignore doctors’ malpractice claims history? The U.S. did. 66 patients died. It cost $55 million.

Although doctors, hospitals, and insurers may howl about the professional harms they claim to suffer due to medical malpractice lawsuits, research studies show that it’s just a tiny slice of MDs who lose in court and must pay...more

Patrick Malone & Associates P.C. | DC Injury...

Secrecy in drug and medical device lawsuits can imperil patients, experts say

The civil justice system, by regularly closing off and keeping secret key parts of lawsuits involving medical devices and prescription drugs, may contribute to patients’ serious injuries and deaths, according to a “special...more

Patrick Malone & Associates P.C. | DC Injury...

Billions from landmark opioids case? It’d be just a start in dealing with crisis

Tens of billions of dollars. Those sound like hefty sums. But will it ever be enough? Will, say, $50 billion offer justice and appropriate recompense to a nation wracked by an opioid and overdose crisis?...more

Patrick Malone & Associates P.C. | DC Injury...

It’s a season to get ripe view of money-grasping Big Pharma and plutocrats

For those who get a rise out of following the plight of plundering plutocrats, forget about pop culture shows like Succession, Dynasty, or Empire. Instead, it may be worth peeking in on the true-life Sackler family saga. It...more

Patrick Malone & Associates P.C. | DC Injury...

Big Pharma flinches in opioids suits: a J&J loss in Okla. and a Sackler bid

Big Pharma has hit at least two pain points of potential significance as government officials and trial lawyers work to hold drug makers accountable for at least some of the carnage caused by prescription painkillers....more

Patrick Malone & Associates P.C. | DC Injury...

Better Healthcare Newsletter from Patrick Malone - July 2019

A dewy-eyed perspective persists about American health care: miracle-working doctors, community-minded hospitals, and cuttingedge medical devices and drugs. All of it's true, especially about the selfless motives of many...more

Thomas Fox - Compliance Evangelist

A Compliance Response to the Opioid Crisis: Part I – The Problem

Next week, I begin a five-part podcast series on emerging issues in healthcare compliance with Jesse Caplan, Managing Director of Corporate Oversight at Affiliated Monitors, Inc. (AMI), the sponsor of the series. Caplan has...more

Holland & Knight LLP

Malpractice by a Computerized Decision-Support Tool?

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Mrs. Skounakis died of a coronary artery occlusion after being prescribed an unusual combination of drugs (phendimetrazine and liothyronine) by Dr. Sotillo for weight loss. Her husband sued Dr. Sotillo for malpractice. What...more

Holland & Knight LLP

Trump Administration Fiscal Year (FY) 2019 Budget and Healthcare Programs

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The Trump Administration on Feb. 12 released its Fiscal Year (FY) 2019 budget request, titled "An American Budget." Unlike last year's budget, which was released in late May, the release of this budget conforms to the typical...more

Maynard Nexsen

Torts & Insurance Cases from the 4th Circuit Court of Appeals - May 2017

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Each month, Nexsen Pruet attorney Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the area of Torts &...more

Searcy Denney Scarola Barnhart & Shipley

Congress is About to Take Away Your Rights

The U.S. Congress is fighting hard to take away your rights and the power of individual states to protect those rights. The influence of BIG BUSINESS over your elected representatives is being used protect careless and...more

Patrick Malone & Associates P.C. | DC Injury...

Prosecutors win rare murder conviction of M.D. in prescription drug deaths

The Centers for Disease Control and Prevention offers but one voice among many that has declared that the United States is in the midst of a prescription drug abuse epidemic. As the CDC notes: “Since 1999, the amount of...more

Manatt, Phelps & Phillips, LLP

Health Update - July 2015

Lessons From the Frontlines: Strategies for Supporting Informed Consumer Decision-Making in the Health Insurance Marketplace - Editor's Note: As marketplaces prepare for the third open enrollment period, consumers are...more

McAfee & Taft

New state law allows access to investigational drugs

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In line with a nationwide movement, on April 21, 2015, Governor Fallin signed into law House Bill 1074, the Oklahoma Right to Try Act. The Act allows physicians to prescribe to terminally ill patients investigational drugs,...more

McAfee & Taft

What Oklahoma's amended Uniform Controlled Dangerous Substances Act means for prescribing medical providers

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Last Friday, Oklahoma Governor Fallin signed House Bill 1948 into law, amending the Uniform Controlled Dangerous Substances Act. The new law, which goes into effect on November 1, 2015, enhances access to Oklahoma’s...more

Lewitt Hackman

Doctors, Lawyers and the Controversial Prop 46

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What's the most controversial measure on California's November ballot? The insurance regulation bill, Prop 45, may be a good contender – but more than likely the controversy over Proposition 46 will win the contest hands...more

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