Risks and Benefits of CT Scans; Ionizing Radiation Injury and Other Litigation CT scans deliver much more radiation than previously thought, contributing to as many as 29,000 new cancers each year and as many as 15,000 deaths annually. CT scans expose patients to ionizing radiation, causing change at the cellular level. Overexposure may result in […]

Liability for Multiple Concussion Injury Nearly two million people end up in emergency rooms for concussion every year. The cumulative effects of multiple concussion injury and Second Impact Syndrome can result in cognitive deficits, personality changes, migraines, and a myriad of other impairments. It is essential for plaintiff and defense attorneys and in-house insurance and […]

Liability for Off-Label Use of Medical Devices Since 2009, over $2.4 billion has been awarded for federal health care fraud in False Claims Act actions, including actions for the illegal marketing of medical devices not approved by the FDA. Medical device manufacturers and physicians face significant liability for the off-label use of medical devices, potentially […]

Introduction Liability for Off-Label Use of Prescription Medications With over 150 million prescriptions written off-label for 160 or more common drugs physicians face potential malpractice for injury from the off-label use. In addition, the pharmaceutical manufacturer is exposed to liability for any over-promotion of the use of its drug. BONUS: Because the liability of the […]

Introduction Prevalance of Oral Contraceptive Use The new oral contraceptives, including Yaz and Yasmin, are a major component of the pharmaceuticals industry. Women choose to use these synthetic hormones for their additional benefits, such as acne control, but many adverse consequences have been reported including stroke, cardiovascular events, clotting, and other problems. BONUS: Because the […]

Introduction Prevalence of Hospital-Acquired Infection; The Difficulty of Determining Source With over 250 deaths per day and the economic impact in billions, and because determining infection source is difficult, hospitals and physicians may be found liable for hospital-acquired or nosocomial infections. The Perspectives: Improve Your Strategy Attorneys: What proof is needed for a hospital to […]

Introduction The Difficulty of Subjective Medical Proof Self-reported, or subjective, impairments are difficult to diagnose and treat, and difficult to litigate. Determining whether insurance coverage is provided compounds the difficulty. Generally, there are no objective tests to prove this type of impairment or disease, and pain, fatigue, sleep loss and other subjective complaints are the […]