Law.com Subscribers SAVE 30%

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

Features

Killing the Goose That Laid the Golden Egg Image

Killing the Goose That Laid the Golden Egg

Gary L. Riveles & Cyndee L. Allert

A troubling trend is apparent in medical malpractice actions venued in New Jersey: Over the past few decades, our courts have undermined legislation meant to limit hospital liability for tort claims.

Features

Attacking the Electronic Medical Record Image

Attacking the Electronic Medical Record

Ben Rubinowitz & Evan Torgan

The electronic age has paved the way for speedy retrieval of medical records. But the problem is that the electronic record is only as good as the individuals who input the information into the record itself.

Med Mal News Image

Med Mal News

ljnstaff & Law Journal Newsletters

Discussion of two recent rulings.

Features

Unconventional Lawyering Leading to Conventional Credibility Image

Unconventional Lawyering Leading to Conventional Credibility

Jeff S. Korek & Abraham Z. Melamed

The authors contend that there are many real-life examples of out-of-the-box methods that attorneys can adapt and employ at trial, and indeed throughout the development of their case. Here are some examples of unconventional lawyering that work very well, they say.

Features

Recording Surgery Image

Recording Surgery

Michael C. Ksiazek

Recently, the topic of audiovisual recording of surgical procedures is coming up in the national conversation. What might the consequences of this newer trend be?

Columns & Departments

Verdicts Image

Verdicts

ALM Staff & Law Journal Newsletters

Is the MCARE Act applicable to expert testimony when a nurse, not a physician, is a defendant? A Pennsylvania court says no.

Features

<b><i>Ptaszsynski v. Atlantic Health Sys</i></b>. Image

<b><i>Ptaszsynski v. Atlantic Health Sys</i></b>.

Katelyn E. Cutinello, Anthony Cocca & Robert E. Spitzer

The New Jersey Appellate Division's opinion in <I>Ptaszynski v. Atlantic Health Sys. Inc.</I> will impact not only New Jersey nursing home litigation, but also that state's medical malpractice litigation in general. Here's why.

Columns & Departments

Drug & Device News Image

Drug & Device News

ALM Staff & Law Journal Newsletters

Suits involving Risperdal and Cymbalta are discussed.

Telemedicine: Best Practices to Avoid Liability Image

Telemedicine: Best Practices to Avoid Liability

Marcella C. Ducca

Telemedicine is rapidly evolving, and with its evolution comes new potential pitfalls and risks. Practitioners in this area should keep abreast of state laws and regulations regarding telemedicine, as well as keep an eye out for developments in the federal landscape.

Features

Navigating Insurance Coverage Issues in Med Mal Litigation Image

Navigating Insurance Coverage Issues in Med Mal Litigation

Kevin M. Quinley

In last month's newsletter, we saw that insurance problems may lurk in the shadows, even for those medical professionals and entities that think they are fully covered. We continue the discussion of "insurance traps" here.

Need Help?

  1. Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
  2. Need other assistance? email Customer Service or call 1-877-256-2472.

MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
    Read More ›
  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
    Read More ›