We found 1,279 results for "Medical Malpractice Law & Strategy"...
Admissibility of Custom and Practice Evidence in Medical Malpractice Cases
April 02, 2015
Can evidence of a health care provider's custom and practice be admissible as habit evidence to prove a fact in malpractice cases? Can such evidence be proof in support of or against the standard of care sufficient to support or oppose a motion for summary judgment for or against a party?
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.
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case law holding cruise ship operators blameless for the negligence of their onboard medical personnel is based on outdated norms.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.
'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.
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