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Features

Patient Safety Work Product and Its Limitations: A Discussion of Two Recent Cases Image

Patient Safety Work Product and Its Limitations: A Discussion of Two Recent Cases

Michael Petruccelli & Steven Osher

In the context of medical malpractice litigation, it is important for lawyers representing the injured patient and health care providers to understand the overall purpose of the Healthcare Quality and Improvement Act, as well as its limitations as far as patient safety work product is concerned.

Features

<b><I>Daubert</I></b> Motions Really Do Work Image

<b><I>Daubert</I></b> Motions Really Do Work

John L. Tate

<b><I>Part Three of a Three-Part Article</I></b><p>Last month, the author described two of his six tips for achieving success with <I>Daubert</I> motions. Here, he concludes by offering four more.

Features

Should You 'Facebook' the Jury? It Depends on the State and the Judge Image

Should You 'Facebook' the Jury? It Depends on the State and the Judge

Ben Hancock

While social media profiles can present a trove of data points for jury selection — one that legal tech companies are eager to mine — researching jurors online while keeping on the right side of the judge and local ethics rules is hardly a straightforward exercise.

Columns & Departments

Verdicts Image

Verdicts

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New York's Appellate Division, Second Department, has barred a medical malpractice defendant from submitting into evidence Facebook posts of the plaintiff, allegedly describing his physical activities, for lack of proper authentication.

Columns & Departments

Med Mal News Image

Med Mal News

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Several government entities were involved in the investigations that led to the recent arrest of a Detroit emergency room physician on allegations of performing female genital mutilation (FGM) on young girls.

Columns & Departments

Drug & Device News Image

Drug & Device News

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A settlement was reached Feb. 10 between McNeil Consumer Healthcare (a subsidiary of Johnson & Johnson) and more than 200 plaintiffs who claim liver damage from taking Tylenol.

Features

Institutional Deliberate Indifference Image

Institutional Deliberate Indifference

Janice G. Inman

<b><I>Proving Constitutional Violation</b></i><p>Part Two of a Two-Part Article</I></b><p>Conclusion of a discussion about <I>Glisson v. Indiana Dept. of Correction,</I> in which Alma Glisson, whose son Nicholas died while in prison, sued the correctional facility for employing the services of medical contractor Correctional Medical Services, Inc. (Corizon).

Features

<b><i>Daubert</i></b> Motions Really Do Work Image

<b><i>Daubert</i></b> Motions Really Do Work

John L. Tate

<b><I>Part Two of a Three-Part Article</I></b><p>The starting point for any successful challenge under Federal Rules of Evidence (FRE) 702 and <I>Daubert</I> is the form and content of the witness's disclosure under Federal Rules of Civil Procedure (FRCP) 26(a)(2). Here is all you have to know.

Features

Looking to Expand Into Mass Torts? Image

Looking to Expand Into Mass Torts?

Matthew Doebler

Mass torts are a strong way for trial lawyers to check Big Pharma's unfettered safety violations. However, it is not a practice area without dangers; and like so many other dangers, they are often hidden.

Columns & Departments

Drug & Device News Image

Drug & Device News

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Discussion of a case in which 64 people died and nearly 700 more were sickened in 2012 after receiving injections of steroids prepared at the New England Compounding Center in Framingham, MA.

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