We found 1,279 results for "Medical Malpractice Law & Strategy"...
Discovery of Damages in Med Mal Cases
May 26, 2010
Last month, the author began discussion of the importance of conducting discovery on damages in the early stages of case preparation. The discussion concludes herein.
Evidence of Risk of the Procedure
May 26, 2010
There is a very important distinction between evidence that a particular complication is a risk of a procedure, and evidence that this complication occurs without negligence. Evidence of the former is not relevant without the latter.
Immigration Medical Care
May 26, 2010
In a landmark holding released May 3, the U.S. Supreme Court held that the Public Health Service Act (PHSA) precludes <i>Bivens</i>-type actions against U.S. Public Health Service (PHS) personnel for constitutional violations arising out of the performance of their official duties.
Loss in Injury and Death Matters
April 29, 2010
Careful attention to all the elements of economic loss, and careful discovery on damages, is essential in ensuring a fair recovery that compensates the plaintiff for what was actually lost.
Genes Linked to Breast, Ovarian Cancers Are Ruled Unpatentable
April 29, 2010
Two isolated genes closely associated with breast and ovarian cancer are unpatentable, a federal judge ruled in March. This article presents an analysis of the case.
Courts Diverge on Ex-Parte Interviews Under HIPAA
April 29, 2010
There is, as yet, no consensus on whether defense counsel in medical malpractice proceedings have the right to interview plaintiffs' treating physicians through ex parte interviews to which plaintiffs and their counsel are not invited.
Practice Tip: Failure-to-Warn Causation and The Learned Intermediary
April 29, 2010
In pharmaceutical and medical device litigation, the failure-to-warn claim continues to be among the most common causes of action. This article examines some of the key factors involved in proving causation in a failure-to-warn case, and discusses recent case law in this area.
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