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Avoiding a Breach of Confidentiality Image

Avoiding a Breach of Confidentiality

Gary S. Sastow & Janice G. Inman

With so much attention on HIPAA, However, less attention has been accorded to individual state-statute based patient confidentiality requirements, many of which existed for a significant period of time before the enactment of HIPAA. Other privacy right claims can be made based on traditional tort concepts, such as breach of contract and negligence.

Verdicts Image

Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings you need to know about.

Features

Med Mal News Image

Med Mal News

ALM Staff & Law Journal Newsletters

The latest news of importance to you and your practice.

Drug & Device News Image

Drug & Device News

ALM Staff & Law Journal Newsletters

Important happenings in this crucial area.

Features

Medicaid Liens Revisited Image

Medicaid Liens Revisited

Thomas A. Moore & Matthew Gaier

In the last couple of years, there have been important changes in the law on Medicaid liens on medical malpractice recoveries that have substantially altered the landscape with regard to such liens.

Pharmaceutical Products and Suicide Risks Image

Pharmaceutical Products and Suicide Risks

Janice G. Inman

In last month's issue, we noted that the federal government, drug companies and consumer watchdogs are increasing their efforts to find out whether a host of pharmaceutical products, when taken, can tend to render consumers susceptible to suicidal thoughts and/or actions. We continue the discussion in Part Two.

Nursing Home Litigation Image

Nursing Home Litigation

Lee C. Weatherly

When a nursing home resident is injured, tort litigation is traditionally the venue of choice for plaintiffs seeking compensation. However, with the risk of large verdicts appearing to increase in the last quarter-century, physicians and long-term health care facilities have begun to pursue mandatory arbitration as an alternative to traditional litigation.

Verdicts Image

Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Drug & Device News Image

Drug & Device News

ALM Staff & Law Journal Newsletters

Recent developments in this key arena.

Med Mal News Image

Med Mal News

ALM Staff & Law Journal Newsletters

The latest news you need to know.

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MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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