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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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MOST POPULAR STORIES

  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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