Features
Practice Tip: Calculating Structured Judgments
After a verdict, both parties usually submit a proposed judgment to the court with an economist's report. The court then decides the amount of the judgment to be docketed. But before the momentum of the trial reaches that stage, the plaintiff's attorney should undertake his/her own calculations. This article uses New York's structured judgment statute as an example.
Columns & Departments
Drug & Device News
A case involving trade secrets and the public's right to know.
Features
Medical Monitoring: A Recent Ruling in New York
When a patient takes a medication that does not at first appear to harm him but that could cause later-developing consequences, or when a medical error is made that causes no immediately measurable harm but that could lead to future injury, is a medical monitoring remedy available? The following article discusses one state high court's recent analysis of the issue.
Columns & Departments
Med Mal News
Analysis of recent news of interest to you and your practice.
The Statute of Limitations and the Mentally Incapacitated Plaintiff
Statutes of limitations are intended to protect defendants from unexpected enforcement of stale claims by plaintiffs who fail to use reasonable diligence in prosecuting their claims. However, the effects of statutes of limitations have exceptions, primarily based on equitable considerations.
Features
Employee Bad Acts
How should the plaintiff's attorney proceed against a hospital and/or medical institution when seeking to hold it civilly liable for the bad acts of its employees?
Columns & Departments
Verdicts
Should changed rules thwart a plaintiff's claim? Analysis and discussion.
Columns & Departments
Med Mal News
A look at a case involving tort recovery for a same-sex partner.
Features
Failure to Diagnose
The "bread and butter" of medical malpractice litigation is the failure to diagnose a case. Failure to diagnose is also, perhaps, the most controversial type of malpractice claim. Here's why.
Private FCA Actions: Practical Implications For Health Care Providers
The increase in the number of patients participating in government programs creates opportunities and challenges for health care providers and long-term care facilities, and as the number of such patients swells, it is essential that health care providers remain vigilant in order to avoid potential pitfalls inherent in dealing with these programs.
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