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We found 1,279 results for "Medical Malpractice Law & Strategy"...

Drug & Device News
News items include an FDA ruling on strong antibiotics; information on head trauma; and updates on blood donations and the Zika virus.
Verdicts
Analysis of a case in which it was ruled that a bankruptcy trustee can seek med-mal damages .
3D Printing and Product Liability in the U.S. and UK
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.
Update: The ACOG's New Opinion on Obstetric Violence
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
Discussion of two recent cases of interest.
Emerging Legal Issues in 3D Printing and Product Liability
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
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
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
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?
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.

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  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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