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Medical Malpractice Law & Strategy

  • As discussed last month, most states adhere to the collateral source rule to preclude defendants in med mal suits from presenting the jury with evidence that public benefits, such as state-provided special education and therapy, may be available to the plaintiff. Not all states have fallen in line with this general rule, however.

    October 29, 2012Ashley Reitz Peinhardt
  • In 2012, OCR has entered into four settlement agreements with Corrective Action Plans (CAPs), more than in any year since HITECH went into effect; three of these arose from breach notifications, which had not happened before.

    October 29, 2012Lacey E. Tucker and Barry B. Cepelewicz
  • The tug-of-war pitting patients against pharmaceutical companies against pharmacists selling competing compound drug mixtures to the public has lately gained greater urgency.

    October 29, 2012Janice G. Inman
  • Analysis of a recent key ruling.

    September 26, 2012ALM Staff | Law Journal Newsletters |
  • A look at a reconsidered decision.

    September 26, 2012ALM Staff | Law Journal Newsletters |
  • A look at a recent important decision.

    September 26, 2012ALM Staff | Law Journal Newsletters |
  • In last month's newsletter, we discussed the recently decided case In Re K-Dur Antitrust Litigation,in which the Third Circuit bucked the trend of rubber-stamping pay-for-delay patent lawsuit settlements. The discussion concludes herein.

    September 26, 2012Janice G. Inman
  • The fastest way to a mistrial is to mention the word "insurance" in front of the jury. This maxim refers to the collateral source rule. But what about the words "public benefits" or "special education"?

    September 26, 2012Ashley Reitz Peinhardt
  • Robotic technology may spawn both medical malpractice and product liability exposures, claims and lawsuits. Suits and claims may arise from one area or both. Here's what you need to know.

    September 26, 2012Kevin Quinley
  • Analysis of a recent key decision.

    August 30, 2012ALM Staff | Law Journal Newsletters |