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Columns & Departments
Several topics of interest to med mal practitioners are discussed.
Features
Medical malpractice suits involving nurses who are caring for patients at the end of life are rare. However, they can occur. Nurses can protect themselves by understanding the needs of patients and families at this critical time, by following approved standards of care and by thoroughly documenting their work.
In New Jersey, the AOM Statute, although reducing the number of medical malpractice lawsuits filed overall, has created virtually as much litigation by way of motion practice and appellate practice; these make up for the reduced number of lawsuits.
Columns & Departments
In-depth analysis of litigation involving a clinical trial ruling.
Features
When does the insurer have the 'right' to be represented by defense counsel chosen by the insured and paid by the insurance carrier arise in New York? Who gets to choose? What does "independent" mean? The right answer to each of these questions is, "It depends."
Update: Johns Hopkins settles gynecologist filming case.
Columns & Departments
Discussion of case in which an appeals court upheld a $10 Million Motrin verdict.
Columns & Departments
In-depth analysis of a recent ruling.
Features
In last month's newsletter, the author began discussion of medical institutions and their liability exposure for the bad acts of their employees by highlighting the notorious case of nurse Charles Cullen. He admitted to deliberately killing at least 40 patients, yet the plaintiffs who sued the last hospital that employed him were unable to recover because they could not prove causation. Are all such cases doomed?
Features
This article explores the possibility that as cases are litigated under the Affordable Care Act, there is an opportunity for a change in the collateral source rule and the corresponding impact on the presentation of damages in personal injury cases.