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Commercial Medical Practice: The Walk-in Clinic Image

Commercial Medical Practice: The Walk-in Clinic

Amy J. Kolczak & Melissa P. Reading

Last June, the AMA requested that state and federal agencies initiate investigations into the growing retail-based health clinics run by major pharmacies across the country. The Association claims that there are potential conflicts of interest at these clinics, because the primary goal is profit-making by luring patients to the pharmacy to fill the prescriptions written by the in-house health provider.

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Verdicts

ALM Staff & Law Journal Newsletters

Recent high-profile rulings.

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Med Mal News

ALM Staff & Law Journal Newsletters

The latest news items you need to know.

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Drug & Device News

ALM Staff & Law Journal Newsletters

Recent happenings of interest to you and your practice.

Features

Supreme Court Handles Device Makers a Victory Image

Supreme Court Handles Device Makers a Victory

Janice G. Inman

The U.S. Supreme Court in February tackled an issue that has come up frequently in lawsuits brought by plaintiffs claiming they've been injured by medical devices: Do the Medical Device Amendments of 1976 preempt state law-based claims against device manufacturers? The Court had partially answered the question in <i>Lohr v. Medtronic</i>, but the fact situation in that case did not necessarily make its decision applicable to other cases against medical devices manufacturers.

Lack of Informed Consent vs. Battery Image

Lack of Informed Consent vs. Battery

David M. Axelrad

Last month, we discussed the fact that a recent decision by the California Court of Appeal explores the relationship between the doctrine of informed consent and the intentional tort of battery. The case was <i>Saxena v Goffney</i>. This is the conclusion of that discussion.

Features

The FTCA and the Payment of Tort Damages Image

The FTCA and the Payment of Tort Damages

Janice G. Inman

Federal government attorneys recently unsuccessfully attempted to convince a Federal District Court and the U.S. Court of Appeals for the Fifth Circuit to rewrite the terms of the Federal Tort Claims Act ('FTCA') to allow the creation of a reversionary trust rather than give a lump-sum award to pay for a medical malpractice plaintiff's future medical expenses.

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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 rulings of interest.

Drug & Device News Image

Drug & Device News

ALM Staff & Law Journal Newsletters

Recent happenings of importance to you and your practice.

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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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