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

Lost in Translation: Electronic Medical Records, HIPAA and Litigation
Health care providers and their attorneys must be aware of the risk management issues created by the cross-requirements of HIPAA and HITECH, including how the electronic medical record (EMR) will be viewed and interpreted in the event of litigation.
<b><i>BREAKING NEWS:</b></i> Supreme Court Upholds Health Care Law
In a stunning victory for the Obama administration, the U.S. Supreme Court on June 29 upheld the centerpiece of the nation's new health care law ' the so-called individual mandate to buy insurance ' as a constitutional exercise of Congress' taxing authority.
Med Mal News
Two recent items of importance.
Verdicts
In-depth analysis of recent rulings.
Drug & Device News
Several items of key importance are discussed.
Understanding the Basics of Nursing Home Negligence Matters
Nursing-home negligence claims are on the rise. Here are the types of claims are most plaintiff attorneys likely to see, and some of the basics they should know about them.
Social Security Determinations
In a medical malpractice litigation, should a Social Security Administration (SSA) determination of disability be admitted as evidence? A look at a recent court case.
The Conflict over Medicare's 'Full Reimbursement' Rule
If the Medicare beneficiary compromises the tort claim and recovers a reduced amount from the tortfeasor for medical expenses,is the government entitled to full reimbursement of its Medicare payments, or is it entitled (like its beneficiary) to only a proportionate recovery from the settlement?
The Evolving Landscape of Modern Tort Liability
While the call for tort reform is a continuing cry by opponents of our civil justice system, the necessity for, and the scope of, reform remains largely debatable.
Verdicts
Recent key rulings are analyzed.

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  • 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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