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

Understanding the Doctrine of Informed Consent
October 27, 2009
It is important that we help our clients to understand the duties they owe their patients. One such duty, the parameters of which continue to evolve and become more refined ' is the duty to facilitate the patient's informed consent.
Health Field Workers Upset by Mandatory Flu Inoculation Rules
October 27, 2009
One state has made inoculation against the H1N1 and other strains of flu mandatory, and several hospital systems have done the same. Some individuals see the new rules as an impingement on personal liberty 'and are up in arms.
Movers & Shakers
September 29, 2009
Who's doing what; who's going where.
Verdicts
September 29, 2009
Recent rulings of interest to you and your practice.
Drug & Device News
September 29, 2009
Recent happenings in this important arena.
Med Mal News
September 29, 2009
The latest news you need to know.
The Pharmaceutical Applications of Nanotechnology
September 29, 2009
In last month's issue, the author began a discussion of nanomedical applications for disease diagnosis, therapy, and prevention, and of why the new technologies that make these advances possible are likely to change the practice of medicine. Now, he looks at more ways in which the use of nanomaterials in drugs and medical devices may affect the provision of health care and lead to new medical liability issues.
Medical Liens and Ethics
September 29, 2009
When it comes to claims by medical providers and government agencies seeking reimbursement from patients' personal injury awards, there is often a blurred distinction between liens and subrogation rights. And what about the ethical considerations and violations that are integrally involved in these cases?
Judges, Juries and Outside Research
September 29, 2009
What information should be used to decide a case ' only that offered by the opposing sides? If independent legal research is permissible, just how much is too much? These questions, which are being asked in the realms of medical malpractice, criminal and other types of cases, have become more imperative in the last few years.
Online Dissemination of People's Images
August 27, 2009
Sometimes, innovation brings benefits; other times, as the saying goes, "the more things change, the more they stay the same." That paradoxical dictum is evident when computer and Internet technology, and e-commerce, converge. With stasis and change in mind, consider the nearly ubiquitous issue and practice of Internet accessibility of images amassed by government organizations, commercial entities and individuals.

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  • Navigating the Attorney-Client Privilege and Work Product Doctrine in Bankruptcy
    When a company declares bankruptcy, avoidance actions under Chapter 5 of the Bankruptcy Code can assist in securing extra cash for the debtor's dwindling estate. When a debtor-in-possession does not pursue these claims, creditors' committees often seek the bankruptcy court's authorization to pursue them on behalf of the estate. Once granted such authorization through a “standing order,” a creditors' committee is said to “stand in the debtor's shoes” because it has permission to litigate certain claims belonging to the debtor that arose before bankruptcy. However, for parties whose cases advance to discovery, such a standing order may cause issues by leaving undecided the allocation of attorney-client privilege and work product protection between the debtor and committee.
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  • Revised Proposal: Understanding the Interagency Statement on Complex Structured Finance Activities
    Many U.S. financial institutions that have participated in equipment leasing transactions (particularly in the large-ticket and municipal markets) in the last 20 years will be keenly aware that as the structures grew ever more complicated, Congress and the federal regulatory agencies grew intensely interested. Whether the institution had a major role in the transaction or simply provided a service, some degree of scrutiny could be expected, often in conjunction with a tax audit of its client. The risks to financial institutions from participating in complex structured finance transactions of all types became a source for concern for banking and securities regulators. The principal federal regulators responded in 2004 with a proposal that financial institutions investigate, and bear responsibility for evaluating, the legal, tax, and accounting basis of their clients' complex structured finance transactions. The goal: to limit the institutions' own credit, legal, and reputational risk from such participation.
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