Features
Litigating Awareness: Non-Economic Damages and the Unconscious Plaintiff
In most medical negligence cases, the most difficult damages for an attorney to forecast are non-economic ones such as pain and suffering, and loss of enjoyment of life. This difficulty arises from the nature of the damages themselves ' pain, suffering and enjoyment are inherently subjective experiences.
Features
Surviving the Medical Malpractice Claim
Successful defense of a medical malpractice case is a team effort. While the defendant physician is the focal point, a key team member is the defense attorney who will defend the physician and the standard of care exhibited in the case.
Features
Limiting Internet Medical Malpractice Liability
Medical practices use the Internet for posting physicians' biographical information, linking websites featuring medical information and hosting medical question-and-answer blogs, among others. However, even this type of interaction with a health-care provider can lead to a medical malpractice lawsuit.
Columns & Departments
Med Mal News
A look at recent rulings of interest.
Columns & Departments
Med Mal News
In-depth analysis of a recent ruling in New Jersey.
Features
Electronic Health Records
Patients who remain in an integrated Electronic Health Record (EHR) system benefit from better access to integrated medical information across specialties and locations. However, full benefits are not seen in all cases where such systems have been implemented. What might be causing the problem?
Features
Florida's Statutory Cap on Non-Economic Damages Deemed Unconstitutional
Two years passed from the time the Florida Supreme Court heard oral arguments in <I>Estate of McCall v. United States of America</I> until announcement of its decision on March 13, 2014. The constitutionality of limits on medical malpractice awards, one of the benchmarks of conservative tort reform, had divided state and federal courts across the country.
Destroying Evidence?
This may come as a surprise, but neither the California Civil Discovery Act nor any case law interpreting the same specifically prohibits the intentional destruction of evidence prior to a lawsuit being filed ' regardless of whether such litigation is being contemplated or even probable.
Columns & Departments
Drug & Device News
Discussion of several key news items of importance to legal practitioners.
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