Fields v. Yusuf
May 31, 2007
Generally speaking, a physician is not liable for the negligent actions of hospital employees and staff who are not employed by the physician. There are, however, two key instances where a physician can be held liable for a non-employee's negligent actions: 1) when the physician discovers a non-employee's negligence during the course of ordinary care and fails to correct or otherwise prevent the ill effects of the negligent act; and 2) when the non-employee is under the physician's supervision and control such that a 'master and servant' relationship exists. Over the past several decades, the viability of this 'captain of the ship' doctrine has diminished, for several reasons.
Partial Birth Abortion
May 31, 2007
In what may become a landmark decision on abortion rights, the U.S. Supreme Court recently upheld the federal Partial-Birth Abortion Ban Act of 2003 (the Act) in a 5-to-4 decision with implications extending beyond the abortion field.
'Dear Abby' Law Firm Blogs a No-No, Carrier Says
May 30, 2007
One of the largest carriers of lawyers' professional liability insurance has set out guidelines for law firms that want to get into the business of blogging, without hurting their insurability.
Defective Pet Foods: New Litigation Theories Or Just the Same Old Chow? An Animal Law Attorney Argues for More Than Market Value Damages
May 30, 2007
One of the biggest stories in product liability in the past month has been the recall of tens of thousands of cans of food sold to consumers to feed to their companion animals. The news has attracted public attention because it is a tragedy of potentially epic proportion: Somewhere between 20 (according to the FDA) and 20,000-plus (by extrapolating statisticians) of the nation's nonhuman family members have developed serious illnesses and/or died from eating food containing something very toxic that has caused renal failure (still being debated). Furthermore, in the litigation arena, plaintiffs' attorneys ranging from sole practitioners to the large class action law firms most often in the headlines have all filed actions representing both individual clients and broad-ranging classes of thousands of individuals affected by the poisoned food. (At the time of this writing, more than 30 cases had supposedly been filed across the country.)
Don't Be a Stranger!
May 01, 2007
We here at Law Journal Newsletters pride ourselves on providing the best-possible, most useful content for our readers. We do this by keeping in constant contact with our Boards of Editors, almost all of whom are attorneys who are experts in their various fields. We talk to readers who call and e-mail. We devour other legal publications (since ALM is our parent company, we have access to the best legal dailies and magazines in the'
Personal Liability for Excess Verdicts
April 27, 2007
In today's litigious environment, physicians consistently struggle with rising malpractice premiums. For those inclined to stop reading here, this article will not attempt to rehash the contentious debate over why malpractice premiums continue to rise. Rather, we want to discuss a fairly new and rapidly growing problem for physicians: personal liability for excess verdicts.
Med Mal News
April 27, 2007
The latest happenings in the med mal arena.
The Dog Ate My Hard Drive
April 27, 2007
In recent years, electronically stored information ' or 'ESI' as it has come to be known ' has become an increasingly 'hot topic' during discovery. Many attorneys now include questions regarding ESI in their standard discovery requests, and several of the recently enacted amendments to the Federal Rules of Civil Procedure address ESI-related discovery. Therefore, clients and counsel alike must have a clear understanding of their obligation to preserve ESI and the proper process for doing so.
