Dangerous Patients and the Tarasoff Doctrine
Psychiatrists and other mental health practitioners must know the reporting laws in their own jurisdictions, and take the required steps under those laws, if they want to avoid liability when a patient follows through on a threat to harm someone else.
Medical Malpractice Claim or EMTALA Violation?
What are the causes of action for an EMTALA claim? What constitutes an "adequate" screening, and how can a plaintiff show that the screening he or she received fell short?
Features
Medicare's 'Never Events' Should Never Be Mentioned in Court
Med Mal practitioners are questioning whether never events, and their related payment issues, is admissible into evidence at trial. What is the current state of the law, and what issues can we anticipate will come up in the future?
Columns & Departments
Verdicts
An in-depth study of ruling of interest.
Columns & Departments
Drug & Device News
Review of the latest news.
Columns & Departments
Med Mal News
A look at several recent news items.
Features
Foreseeable Harm to Third Parties Keeps Claim Against Drug Makers Alive
Alabama's Supreme Court in January rendered a potentially far-reaching decision in a case pitting a consumer against drug manufacturers. While its holding applies only to cases brought in Alabama, the court's decision may lead to that state's becoming the preferred forum for certain types of drug litigation:
Features
Informed Consent and Res Ipsa Loquitur
Two concepts that are mainstays of the medical malpractice arena are: 1) lack of informed consent; and 2) <I>res ipsa loquitu</I>r. Some plaintiffs may attempt to pursue these two theories in the same case. Is either of them ripe for dismissal?
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