Update: The ACOG's New Opinion on Obstetric Violence
October 01, 2016
In 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.
Med Mal News
September 01, 2016
Discussion of two recent cases of interest.
Emerging Legal Issues in 3D Printing and Product Liability
September 01, 2016
3D 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?
Verdicts
September 01, 2016
Analysis 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.
Drug & Device News
September 01, 2016
A look at a case in which Tylenol defendants' experts failed the <I>Daubert</I> test .
Different State, Different Outcome: Medical Malpractice v. Common Law Negligence
September 01, 2016
Last 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.
Medical Care or General Negligence?
August 01, 2016
When 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.
Electronic Discovery: A Level Playing Field?
August 01, 2016
Courts 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.
The Adjudication of Affordability
August 01, 2016
In catastrophic personal injury actions, the largest element of compensatory damages often is the measure of the cost of lifetime future medical care. Now, we have a new wrinkle in the issue, courtesy of the Affordable Care Act (ACA). How will it affect the award of money damages in civil lawsuits?
The Adjudication of Affordability
August 01, 2016
Since the first civil lawsuit for money damages, plaintiffs have sought to maximize recoveries while defendants have sought to minimize them. This creates an obvious tension that is often left to a jury. Now, we have a new wrinkle in the issue, courtesy of the Affordable Care Act (ACA). How will it affect the award of money damages in civil lawsuits?
