Public Perceptions, Health Care Providers and Litigation
April 02, 2015
The Gallup poll on the trustworthiness of professionals came out in January, as it always does.Yet again, it reported that health care professionals were the most trusted people in the country. Not so for the health care industry , however.
Verdicts
February 28, 2015
A look at recent litigation of interest.
Cruise Ship Operator Not Insulated from Responsibility for Health Care Provider
February 28, 2015
Breaking with longstanding precedent, the Eleventh Circuit recently concluded that previous case law holding cruise ship operators blameless for the negligence of their onboard medical personnel is based on outdated norms. This decision may have far-reaching consequences for shipboard medical malpractice claimants and their representatives.
Med Mal News
February 28, 2015
Important news from Texas and New York.
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.
