Medical Malpractice Law & Strategy

Under the provisions of the FTCA, an action may not be instituted upon a claim against the United States for money damages caused by the negligent act of any federal employee acting within the scope of his employment, unless the claimant first presents the claim to the appropriate federal agency and the claim is finally denied by the agency in writing and sent by certified or registered mail. If the agency fails to make a final disposition of the claim within six months after it is filed, the claimant may deem the claim denied.

In last month's newsletter, we looked at the development of statutory and case law surrounding the admission of learned treatises, such as medical books, textbooks and practice guidelines, in medical malpractice cases. Although everyone knows that these documents must be authenticated before they may be admitted into evidence as proof of the facts contained therein, the question remains whether the learned treatise doctrine permits cross-examination with a learned text absent prior authentication as to that source's reliability.

Last month, we discussed the fact that the limitations period for the filing of claims under the "Vaccine Act" has kept many from recovering for vaccine-related injuries. The discussion continues herein.

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The limitations period for the filing of claims under the "Vaccine Act" has kept many from recovering for vaccine-related injuries. Still, claimants try to stretch the boundaries, offering varying reasons for why their cases should not be time-barred.

Although everyone knows that medical journal articles, textbooks and practice guidelines often offer powerful ammunition for the trial lawyer, the law surrounding the so-called "learned treatise doctrine" remains neither well settled nor universally applied.