Drug & Device News
February 28, 2015
Was a drug company dinner invite an unsolicited advertisement?
'Product-Hopping' Can Be Snagged Under the Antitrust Laws
February 28, 2015
Branded drug companies naturally want their exclusivity period to last as long as possible. Extending a period of market dominance without patent or regulatory protection, however, raises antitrust concerns. One recent practice, called "product-hopping," has started to generate private antitrust claims from generic drug companies and end users.
Case Notes
February 25, 2015
PIP Grace Period Doesn't Automatically Save Late Claim An insurance coverage claimant's apparent failure to transmit medical records in a timely fashion ' without a showing that it was impractical to do so ' has resulted in the dismissal on summary judgment of his complaint that benefits were improperly withheld under Delaware's personal injury protection statute, a New Castle County Superior Court judge has ruled. '
To Settle or Defend
January 31, 2015
When trying to make a reasoned decision about whether to settle or defend a medical malpractice claim, there are a number of things that should be taken into account. In this regard, the authoroffers eight factors to consider, four of which were addressed in last month's newsletter. The discussion concludes herein.
Med Mal News
January 31, 2015
Information involving the California High Court, which is considering the legality of a cap on non-economic damages.
Terminating the Physician/Patient Relationship
January 31, 2015
In general, terminating the physician-patient relationship is allowed as long as the physician provides reasonable notice to the patient ' giving him or her the opportunity to obtain another qualified physician to manage his or her care. If this requirement is not met, and the patient suffers injury, the physician may have breached a duty to the patient and may be found liable for medical negligence (malpractice) under the theory of abandonment.
Verdicts
January 31, 2015
Analysis of rulings important to med mal practitioners.
Internet Changes Medication Sales Regulations
January 31, 2015
Internet use has changed the way medication purchases are regulated, due in part to patients' free access to information related to pharmaceutical products and medical care. Additionally, the FDA has promoted Internet medication sales by allowing non-print promotion of medications with less detailed information in the ad itself about side effects and precautions than is required of print advertisements.
Drug & Device News
January 31, 2015
News about a company that paid a heavy penalty for selling an adulterated surgical device.
Tort Reform in New Jersey
December 31, 2014
As the authors explained in Part One of this article, like many other states, New Jersey has instituted tort reform measures aimed at reducing the incidence of frivolous lawsuits and the costs of practicing medicine. These changes in the law have had unintended consequences, however, often making the prosecution of a medical malpractice claims so complicated that only specialist attorneys can handle them.
