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Features

Professional vs. Ordinary Negligence in the Health Care Setting Image

Professional vs. Ordinary Negligence in the Health Care Setting

Michael C. Ksiazek

The precise line of where ordinary negligence ends and professional negligence begins has remained rather murky. Here's why this makes a difference.

Features

The Role of Informed Consent in Defensive Medicine Image

The Role of Informed Consent in Defensive Medicine

John Ratkowitz & Robert Sanfilippo

Studies that have attempted to quantify the costs of defensive medicine by looking at the impact that tort reform has had on health care savings have obtained inconsistent results.

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Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's going where; who's doing what.

Features

Verdicts Image

Verdicts

ALM Staff & Law Journal Newsletters

Recent key rulings of significance.

Features

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Med Mal News

ALM Staff & Law Journal Newsletters

A look at what's happening in the practice area.

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Drug & Device News

ALM Staff & Law Journal Newsletters

Recent news of importance.

Features

Defendants Must Heed New Medicare Reporting Obligations Image

Defendants Must Heed New Medicare Reporting Obligations

John L.A. Lyddane & Barbara D. Goldberg

We continue this month with our discussion of the expanded reach of the Medicare reporting requirements under the Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA), which as of January 2011 is applicable to liability insurers and self-insured entities.

ACA and FCA Litigation Image

ACA and FCA Litigation

Gregory B. Heller

The Patient Protection and Affordable Care Act (ACA) changes federal law governing FCA claims in a way that gives individual plaintiffs new power to use information learned in discovery in a civil case as the basis for a <i>qui tam</i> case brought under the FCA.

Features

When Patients Require Transfer Image

When Patients Require Transfer

Angela Forstie

It is not uncommon to see a medical malpractice case arising out of treatment received in an emergency situation. State legislatures are becoming more sensitive to this litigation and the effect that it has on the cost of medical malpractice insurance, as well as access to medical treatment.

Features

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Verdicts

ALM Staff & Law Journal Newsletters

The latest rulings you need to know.

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    Over a decade ago, a Delaware Chancery Court's footnote in <i>Credit Lyonnais Bank Nederland, N.V. v. Pathe Communications</i>, 1991 WL 277613 (Del. Ch. 1991), established the "zone of insolvency" as something to be feared by directors and officers and served as a catalyst for countless creditor lawsuits. Claims by creditors committee and trustees against directors and officers for breach of fiduciary duties owed to creditors have since become commonplace. But in a decision that may have equally great repercussion both in the Boardroom and in bankruptcy cases, the Delaware Chancery Court has revisited zone-of-insolvency case law and limited this ever-expanding legal theory.
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