Monthly Archives: October 2014

Medical Expert Testimony Not Necessary to Establish Standard of Care for Failure to Communicate Cancer Diagnosis

Recently, the New Mexico Supreme Court decided the issue of whether one doctor’s failure to communicate an alternative diagnosis to another doctor constituted medical negligence or simple negligence. The court, reversing both the trial and appellate courts, held that the … Continue reading

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Expensive HCV Drug Price Going Up in U.S; Gilead Offers Cheaper Versions in Developing Nations

Gilead Sciences Inc., the maker of the expensive new hepatitis C (HCV) drug  Solvadi, has announced the upcoming launch of a new version of the drug, which will cost even more. Currently, Solvadi sells for about $1,000 a pill, with … Continue reading

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A Week of Firsts: Issues of First Impression in Connecticut and First Appellate Review of Gadolinium Based Contrast Agent Product Liability $5Million Verdict

There are two big firsts reported in the Scalpel Weekly News for October 27. One involves two issues of first impression in a Connecticut medical malpractice insurance case. Another involves the Sixth Circuit’s review of the first case in the … Continue reading

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Professional Judgment Pattern Jury Instruction Applied to Nurses

An appellate court in Colorado addressed a novel question: can a pattern jury instruction on judgment calls that usually only applies to doctors be expanded to include nurses. The trial court instructed the jury that, “A physician or nurse does … Continue reading

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Opioid Pain Pill Abusers Switch to Heroin; Heroin Overdose Deaths Double

When I first dug through the CDC’s website for an article to include in this week’s Scalpel Weekly News, I skipped this one because the data it is based on stopped in 2012, which is a little stale. But then … Continue reading

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Insurer Can Request Insured Appear for Examination Under Oath after Insured’s Benefits Denied Based on Independent Medical Evaluation

An insurer’s denial of benefits based on an independent medical evaluation usually indicates the beginning of the litigation. But if the insured’s health care providers continue to submit claims to the insurer, the insurer can still require the insured appear … Continue reading

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