Features
Drawing the Line Between Fact- and Expert-Witness Testimony
As is often the case in product liability lawsuits, the recent bellwether trial in the Risperdal litigation involved several disputes about the admissibility of expert testimony. However, one such dispute is notable because the "expert" testimony in question was actually from a fact witness.
Features
New Anti-Kickback Law 'Safe Harbors' Proposed
The problems of poor-quality or unnecessary care were caused, in part, by the fee-for-service payment system that was in effect for generations. The fee-for-service model unfortunately offered the wrong incentives to dishonest or poor-quality providers to maximize revenue by maximizing services regardless of the quality or the medical necessity of the services provided.
Columns & Departments
Verdicts
Discussion of two recent important rulings.
Violation of the Anti-Kickback Statute (AKS)
TheUnited States Court of Appeals for the Seventh Circuit recently held that merely "authorizing" medically necessary services can constitute illegally "referring" patients under the AKS, if improper payments are made to the authorizing doctor.
Columns & Departments
Med Mal News
Discussion of a case in which the Judge cleared up the intersection of MCARE and the Tort Claims Act.
Features
Custom-and-Practice Evidence: Exclusion from the Medical Malpractice Case
The admission of evidence of a health care provider's customary practices to prove that he or she acted in accordance therewith in a specified plaintiff's case is not necessarily guaranteed. Last month, in Part One, we began looking at how New York's courts have handled the issue of admissibility when such evidence was offered. We conclude that discussion here.
Med Mal Damages: Quantifying the Seemingly Unquantifiable
In order to assess the validity of economic losses within the field of medical malpractice, a number of variables must be taken into consideration. And depending on the alleged loss advanced, there exist subjective elements that make it difficult to gauge and evaluate those allegedly caused by the medical malpractice.
Columns & Departments
Drug & Device News
Discussion of several pivotal rulings.
Features
Shipboard Medical Liability Case May Alter the Status Quo
The Eleventh Circuit was faced with some controversial questions in a case in which an injured ship's passenger received allegedly negligent treatment in the ship's medical clinic by contractor medical providers. The passenger soon died.
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