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Features
In response to continued scrutiny from the public and from legislators concerned over the effects of direct-to-consumer (DTC) advertising, the Board of Directors of the Pharmaceutical Research and Manufacturers Association (PhRMA) voted this past July 29 to institute what it calls a set of "Guiding Principles" that will extend and augment the current FDA rules for DTC advertisement. These principles will go into effect in January 2006.
Doctors in Wisconsin and in other states are not the only ones worried about the Wisconsin Supreme Court's recent decision invalidating caps on noneconomic damages in medical malpractice cases in that state. Patient advocates, insurers and other business group representatives are also very concerned that the strides they've made in reigning in malpractice insurance premiums are in jeopardy.
Features
In the aftermath of Hurricane Katrina, people from all walks of life and from all corners of the world want to reach out to do what they can to help the victims of this unfathomable disaster. Schoolchildren are raising pennies to help those in need while relief organizations send supplies from all regions of the country. On the ground where this disaster struck in Louisiana and Mississippi, however, thousands of caring individuals have been providing emergency first aid and medical care to their neighbors in need. When licensed health care workers respond to the urgent needs of the hurricane's victims, what kinds of liability might they be opening themselves up to?
Features
After Merck & Co.'s devastating loss in Texas earlier this month in the first Vioxx case to go to a jury, the nation's eyes now turn to Atlantic City, where New Jersey's first case was set for trial on Sept. 12.
Features
Recent rulings of interest to you and your practice.
Features
As a practical matter, the decision of whether to settle claims brought against a policyholder is typically left to the insurer. The interests of the insurer and the policyholder are typically aligned, whether it is because of the policyholder's inherent desire to resolve the litigation, or the insurer's vastly greater experience in defending and settling claims. For claims falling within policy limits, however, there remains an enhanced possibility of a dispute between the policyholder and insurer over whether to settle. All litigation expenses will be borne by the insurer, as will the costs of any judgment. In contrast, continuing the litigation is a nominal cost for the policyholder. The policyholder may also have collateral interests at stake. In the most common of examples, a physician may wish to fight a malpractice claim rather than settle because of the potential damage to his or her professional reputation, a loss of business, an increase in future premiums, the potential termination of the policy, or impairment to his or her ability to obtain future coverage.