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When physicians and hospitals find themselves defending a medical malpractice case that has been intertwined with product liability claims against a medical device manufacturer, these may seem like uncharted waters as compared with litigation solely involving multiple physician or hospital defendants. But the same general principle governs both scenarios: Defendants are likely to fare better when they hold hands and play nicely together for as long as possible and present a united front to plaintiffs.
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A movement is slowly building to abolish century-old medical malpractice laws that judge a doctors' performance by the medical standards existing in his or her community. Those laws, known as 'locality rules,' are still on the books in 21 states.
Typically, health-care providers approach documentation with the goal of effectively communicating with themselves. The reality, however, is that depending upon many different circumstances, numerous other individuals may one day review a health-care provider's records for many different purposes and from many different perspectives.
Last year, the U.S. Supreme Court limited reimbursement of Medicaid liens to the fraction of the total recovery that corresponds to medical expenses. <i>Arkansas Department of Health and Human Services et al. v. Ahlborn</i>, 547 U.S. 268 (2006). Measures can be taken, however, that dramatically limit government liens, preserving recoveries to enrich the quality of life of a severely disabled individual.
