Analysis of a case in which it was ruled that a bankruptcy trustee can seek med-mal damages .
October 01, 2016
The potential for product liability claims concerning objects created via 3D printing is obvious. Last month, the authors discussed some of these. Now, they look at how the law is developing in two countries ' the United States and Great Britain ' as their legal systems attempt to assign liability to the correct actors.
October 01, 2016Joseph G. Falcone, Tony Dempster and Laura PalianiIn June, informed refusal and obstetric violence were the topics of a panel counsel discussion at the American Conference Institute's 13th Annual Advanced Forum on Obstetric Malpractice Claims. Also in June, ACOG an opinion on Refusal of Medically Recommended Treatment During Pregnancy. With the maturing of the topic in the media and legal discussions, it's time to take a look at the recent developments.
October 01, 2016Eric J. Frisch3D printing, sometimes known as additive manufacturing, allows for objects of all shapes and sizes to be created by applying different materials ' such as plastics, resins or metals ' in successive layers. The technology can be used to create complex and sophisticated products, including medical devices. How does this affect liability?
September 01, 2016Joseph G. Falcone, Tony Dempster and Laura PalianiAnalysis of rulings in which a prisoner who did not disclose funds lost the right to re-file a med mal claim; and where a federal court opted to abstain from hearing a wrongful death case.
September 01, 2016A look at a case in which Tylenol defendants' experts failed the Daubert test .
September 01, 2016Last month, we discussed a recent case in which CA's high court was asked to determine whether a lawsuit was properly pleaded as one for common law negligence, rather than medical malpractice. The answer was crucial to the parties, as it would determine whether the case could go to trial or must be dismissed. The article concludes herein with a look at a similar TN case.
September 01, 2016Janice G. InmanWhen an injury occurs in a medical setting, the correct means of bringing suit to compensate the plaintiff may be a medical malpractice claim. On the other hand, it may be more appropriate to assert general negligence. The difference could prove crucial.
August 01, 2016Janice G. InmanCourts have sanctioned corporate defendants for years for failure to produce or preserve electronically stored information (ESI). There have been, however, a few decisions in which courts have imposed sanctions or other penalties on plaintiffs who destroyed ESI. The misconduct giving rise to sanctions has varied from fraud and bad faith to inadvertence.
August 01, 2016James H. Rotondo and Sunita Paknikar
