Managing Cyber Risks in Medical Practices
August 01, 2017
<b><I>Part Two of a Two-Part Article</I></b><p>Astonishing computing power lets health care providers harness vast computing resources to drive their business plans, manage treatment protocols and crunch data to boost their practices. However, unintended consequences arise and, in the case of computers, one such consequence is cyber peril.
Verdicts
August 01, 2017
The Ninth Circuit has reinstated a medical malpractice claim involving a federal government-employed doctor because although the plaintiff did not exhaust the federal claims process before originally filing suit in state court, he dismissed his original claim, sought and was denied relief through the federal claims process, then attached the claim to the ongoing state court case.
Case Notes
August 01, 2017
Analysis of a case in which a prescribed drug allegedly contributed to a young man's death.
Genomic Testing: The Perils and the Pitfalls
July 02, 2017
There are pitfalls for providers and companies that offer genomic testing. They might include not offering genetic testing if it is indicated, not offering the proper testing, or reporting inaccurate or misleading results. Each of these has the potential to generate a lawsuit, and indeed each of them already has.
Managing Cyber Risks in Medical Practices
July 02, 2017
<b><I>Part One of a Two-Part Article</I></b><p>We often associate cyber-risks with financial institutions, but while the financial sector certainly does deal with cyber-risks, it is by no means the only industry facing such woes. Health care providers are also vulnerable to cyber-liability risks.
Product Liability, Bankruptcy and the Proceeds of Legal Action
July 02, 2017
A recent case dealt with an unusual question presented to a bankruptcy court by a debtor's medical device product liability claim: If, at the time of bankruptcy filing, the debtor has a potential civil claim that lacks some of the elements necessary for recovery (which elements may never develop), yet later receives settlement, are the proceeds of that settlement part of the bankruptcy estate?
Verdicts
July 02, 2017
A court recently declined to order a new trial in a medical malpractice case in which defense counsel made an erroneous statement concerning the burden of proof, after finding that the plaintiff failed to show prejudice.
Product Liability, Bankruptcy and the Proceeds of Legal Action
July 02, 2017
When does a cause of action accrue for an injury caused by an implanted medical device? This is a question that usually comes up when determining whether an allegedly injured plaintiff has brought his or her lawsuit in a timely enough manner to keep the claim from being thrown out on statute of limitations grounds. But if the case has been settled, or tried to a verdict that is not appealed, aren't we done with this question? Not necessarily.
