Features
'Sorry Works' -- or Does It?
Sacred cows make great steaks, as one wit quipped. The usual way of doing things is being stood on its head and, in the realm of medical malpractice claims at least, is being replaced in many cases by fresh approaches and claim resolution templates. Specifically, historical norms of adversarial claim approaches are being supplanted by 'apology programs,' which receive increasing interest and publicity.
Features
Drug and Device Injuries
People injured by a drug or medical device often sue not only their medical caregivers and the hospitals where the devices were implanted, but also the drug or device's manufacturers. Smart move, but there may be other avenues for recovery that should be explored. There are many players in the process that brings a drug or device to the market, and it may prove valuable to question whether any of these had a role in causing the claimant's injury and whether they can be reached for recovery.
Contracts in the Medical Context
In addition to claims for medical negligence, medical professionals and the facilities for which they work may be exposed to claims for breach of contract based on a theory that patients are third-party beneficiaries of contracts between medical facilities and their physicians. Such actions may lead to liability for physicians who have no direct relationship with the patient at issue, but careful drafting of agreements between facilities such as nursing homes and hospitals and their physicians may prevent patients and their lawyers from bringing successful third-party beneficiary breach of contract claims.
Merck to Pay $4.85 Billion in Vioxx Settlement
Wire services are reporting that Merck & Co. has agreed to pay close to $5 billion to settle claims that its Vioxx painkiller caused heart attacks and strokes.
Med Mal News
The latest happenings of importance to you and your practice.
Features
WV Supreme Court Invokes Learned Intermediary Doctrine
Last year, pharmaceutical companies reportedly spent $4.5 billion on direct advertising to consumers, or about 400 times more than they spent 20 years ago. Drug company spending on advertising to consumers is increasing twice as fast as spending on promotions to physicians or on the research and development of new drugs. Given this exponential growth in direct-to-consumer advertising, it is hardly surprising that prescription drug makers' traditional immunity from consumer 'failure-to-warn' claims has increasingly come under assault.
Features
ALI Changed Expert Testimony Standard, But Should States Follow It?
The authors are both members of the American Law Institutes (ALI), an institution that's been around since 1923. Membership is made up of judges, practicing attorneys and legal scholars from both the United States and the international legal community. The ALI employs a deliberative process to gain insights into its various members' understanding and opinions of the law, then it drafts and publishes Restatements of the Law, model codes, and legal studies to promote, as the ALI Web site home page states, 'the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice, and to encourage and carry on scholarly and scientific legal work.' In this article, they take issue with a recent ALI Tentative Draft on the expert testimony standard.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Top 5 Strategies for Managing the End-of-Year Collections FrenzyEnd of year collections are crucial for law firms because they allow them to maximize their revenue for the year, impacting profitability, partner distributions and bonus calculations by ensuring outstanding invoices are paid before the year closes, which is especially important for meeting financial targets and managing cash flow throughout the firm.Read More ›
- The Self-Service Buyer Is On the RiseLaw firms and companies in the professional services space must recognize that clients are conducting extensive online research before making contact. Prospective buyers are no longer waiting for meetings with partners or business development professionals to understand the firm's offerings. Instead, they are seeking out information on their own, and they want to do it quickly and efficiently.Read More ›
- Should Large Law Firms Penalize RTO Rebels or Explore Alternatives?Through a balanced approach that combines incentives with accountability, firms can navigate the complexities of returning to the office while maintaining productivity and morale.Read More ›
- Sink or Swim: The Evolving State of Law Firm Administrative SupportThe paradigm of legal administrative support within law firms has undergone a remarkable transformation over the last decade. But this begs the question: are the changes to administrative support successful, and do law firms feel they are sufficiently prepared to meet future business needs?Read More ›
- Tax Treatment of Judgments and SettlementsCounsel should include in its analysis of a case the taxability of the anticipated and sought after damages as the tax effect could be substantial.Read More ›