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

Med Mal News
A look at a case involving tort recovery for a same-sex partner.
Failure to Diagnose
The "bread and butter" of medical malpractice litigation is the failure to diagnose a case. Failure to diagnose is also, perhaps, the most controversial type of malpractice claim. Here's why.
NJ & CT News
News of interest from neighboring states.
New Jersey Manufacturers and Punitive Damages
As discussed in Part One of this article, New Jersey's Products Liability Act (Defective Product) prevents injured plaintiffs seeking compensation from drug and device manufacturers from being awarded punitive damages. While New Jersey courts are bound by the statute's manufacturer protections, courts located in other jurisdictions have given the law mixed levels of respect.
Private FCA Actions: Practical Implications For Health Care Providers
The increase in the number of patients participating in government programs creates opportunities and challenges for health care providers and long-term care facilities, and as the number of such patients swells, it is essential that health care providers remain vigilant in order to avoid potential pitfalls inherent in dealing with these programs.
Drug & Device News
In-depth discussion of a recent case involving pelvic mesh.
Verdicts
Analysis of key cases.
Practice Tip: Calculating Structured Judgments
It is of great importance for a trial lawyer to understand the mechanics of a periodically paid or structured judgment if s/he is trying a case in a jurisdiction in which such judgment will be entered. Otherwise, the trial lawyer may be rejecting offers that, at first glance, appear to be much lower than verdict value but may, in fact, be equal to or higher than a verdict.
Why Is It So Hard to Find Quality Medical Malpractice Verdict Data?
In an era of incredible "big data," the medical malpractice practitioner should ask, "Why are there no accurate, reliable, and statistically valid measurements of malpractice verdicts by subject and jurisdiction?"
Verdicts
In-depth discussion of two pivotal rulings.

MOST POPULAR STORIES

  • 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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