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The Anatomy of a Professional Medical Misconduct Hearing Image

The Anatomy of a Professional Medical Misconduct Hearing

David S. Klausner

... Ignorance of the process can turn a well-intentioned physician into a respondent in a physician misconduct proceeding. Since nothing threatens the foundation of a physician's practice more than the prospect of such a scenario, any contact from a representative of the state must be taken very seriously. Unfortunately, the combined effects of misinformation and misguided actions leave many physicians vulnerable to a procedure that can effectively strip them of their ability to earn a living. Learning the "who," "what," "why" and "how" of the process can hopefully keep you, your client or your client's staff members upstream of a problem and help ensure the continued viability of everyone's practice.

First Vioxx Ruling Image

First Vioxx Ruling

Janice G. Inman

Merck & Co., founded in 1891, has a slogan -- what it calls its "guiding philosophy." That philosophy is, "patients first." In the first of many Vioxx trials expected to be litigated in state and federal courts across the country, the jury wasn't buying it. On Aug. 19, after a month-long trial, ten out of 12 jurors -- the number needed to return a verdict of guilty -- found Merck liable to the plaintiffs, survivors of a man who took Vioxx for pain relief. The damages award was staggering: $24.5 million in economic losses and compensation for mental anguish and $229 million in punitive damages.

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Med Mal News

ALM Staff & Law Journal Newsletters &

Recent news you need to know.

Features

Agreement in Principle Made to Settle Majority of Zyprexa' Litigations Image

Agreement in Principle Made to Settle Majority of Zyprexa' Litigations

ALM Staff & Law Journal Newsletters &

Eli Lilly and Company announced on June 9 that it had agreed in principle to a settlement with most of the plaintiffs involved in the Zyprexa liability litigation. Eli Lilly, an Indiana company, expects to take a pretax charge of at lease $700 million in the second quarter of 2005 to cover the settlement costs.

Features

Using Daubert to Defeat Causation in the Delayed Diagnosis Claim Image

Using Daubert to Defeat Causation in the Delayed Diagnosis Claim

Victoria M. Davis & Brian R. Stimson

<b><i>Part Two of a Two-Part Article</i></b>: The <i>McDowell</i> case discussed in the first part of this article presented the question of "whether it is so if an expert says it is so." <i>See Viterbo v. Dow Chem. Co.</i>, 826 F.2d 420, 421 (5th Cir. 1987). <i>Daubert</i> and its progeny answered in the negative and established that an expert may not present a bare causation conclusion to the jury when that expert has no scientific basis for that conclusion or for any of the predicate inferences leading up to it. The <i>McDowell</i> claim failed because a physician's personal clinical experience, sometimes called anecdotal experience, is simply not a proper scientific basis for causation opinion testimony.

Verdicts Image

Verdicts

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Recent rulings you need to know.

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Med Mal News Image

Med Mal News

ALM Staff & Law Journal Newsletters &

National news you need to know.

Drug & Device News Image

Drug & Device News

ALM Staff & Law Journal Newsletters &

All the latest you need to know.

Is Patient Satisfaction a Factor in Lawsuits? Image

Is Patient Satisfaction a Factor in Lawsuits?

Linda S. Crawford

Doctors feel hurried these days, and they resent it. They believe that the demands of their days have caused them to spend less time with patients. They also believe that their patients resent it. Let's look at what has really happened to the office visit -- and then let's see if better patient satisfaction levels correlate with fewer lawsuits.

Features

Manufacturer Agrees to Pay $74 Million Image

Manufacturer Agrees to Pay $74 Million

Janice G. Inman

Natick, MA-based Boston Scientific Corp. has agreed to pay $74 million to the United States to resolve an ongoing investigation concerning its 1998 distribution and subsequent recall of one of its coronary stent delivery systems. In agreeing to the settlement, the company did not admit to any wrongdoing.

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