Ex Parte Communication with a Physician
January 24, 2014
Learning and following each state's local requirements for ex parte contact is key in order to avoid legal and ethical issues in the future.
Judicial Scrutiny of 'Other Insurance' Clauses
January 24, 2014
In this article, the authors contrast the so-called minority approach to differing "other insurance" clauses with the approach generally described as the majority rule.
Where, When and How Is <i>Ex Parte</i> Communication With a Physician OK?
December 31, 2013
In medical malpractice cases, treating physicians, nurses and other providers are key witnesses. They have specialized knowledge of the plaintiff and her medical conditions, and, unlike expert witnesses, they have had the opportunity to personally examine and evaluate the plaintiff. Because <i>ex parte</i> meetings and discussions with treating physicians can be so informative, they are often seen as invaluable tools for any party permitted to meet with treating physicians.
Verdicts
December 31, 2013
NY Court Won't Use 'Long Arm' to Reach Florida Med Center <br>Judge Went Too Far By Striking Defense's Answer<br>Informed Consent Irrelevant To Malpractice Question
Drug & Device News
December 31, 2013
New Plan in Mesh Litigation <br>Change Would Let Generic Drug Companies Make Not-Yet Approved Label Changes<br>Trial over Billion-Dollar Molecules Yields $400,000 Verdict
Vanity of the Bonfires: Spoliation of Evidence
December 31, 2013
How do you know when an expert witness is getting ready to testify? By the bonfire in his backyard! Upon his conviction for Watergate-related activities, John Ehrlichman famously said, "As a matter of historical perspective, you can make a pretty good argument that a bonfire on the South Lawn wouldn't have been a bad idea." One relatively recent appellate-level decision seems to carry a similar message to forensic custody evaluators.
Med Mal News
December 31, 2013
Pre-Fall Health Influences Recovery <br>Court Calls for Better Disaster Plans to Protect Disabled
New Jersey's Offer of Judgment Rule
December 31, 2013
The New Jersey Supreme Court has vigorously defended its supremacy with respect to the administration of the courts from intrusion by other branches of government. The Separation of Powers Doctrine is premised on the theory that government works most efficiently when each of the three branches of government acts independently within its designated sphere.
The Media
November 27, 2013
There is a perception, in large part driven by media bias, that in America today, unlike in times past, "everyone sues." This could not be farther from the truth.
