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Features

Litigating Awareness: Non-Economic Damages and the Unconscious Plaintiff Image

Litigating Awareness: Non-Economic Damages and the Unconscious Plaintiff

Roseann Lynn Brenner & Gary M. Every

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 Image

Surviving the Medical Malpractice Claim

Kevin M. Quinley

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 Image

Limiting Internet Medical Malpractice Liability

Jonathan Bick

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 Image

Med Mal News

ALM Staff & Law Journal Newsletters

A look at recent rulings of interest.

Columns & Departments

Verdicts Image

Verdicts

ALM Staff & Law Journal Newsletters

Analysis of recent litigation.

Columns & Departments

Med Mal News Image

Med Mal News

ALM Staff & Law Journal Newsletters

In-depth analysis of a recent ruling in New Jersey.

Features

Electronic Health Records Image

Electronic Health Records

Linda S. Crawford

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 Image

Florida's Statutory Cap on Non-Economic Damages Deemed Unconstitutional

Michael D. Brophy

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? Image

Destroying Evidence?

Gabriel Z. Reynoso

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 Image

Drug & Device News

ALM Staff & Law Journal Newsletters

Discussion of several key news items of importance to legal practitioners.

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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.
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  • 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.
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