Tag Archives: law

What Is Discoverable from a Hospital’s Quality Assurance Process?

When medical malpractice allegedly occurs in a hospital setting, the plaintiff often seeks to discover information related to the hospital’s quality assurance process. While courts have been reluctant to shield incident reports from discovery (See the Medical Law Perspectives May … Continue reading

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Alzheimer’s Disease Presents an Array of Legal Issues

Few medical conditions raise as wide a variety of legal issues as Alzheimer’s disease, an irreversible, progressive brain disorder that slowly destroys memory and thinking skills and, eventually, the ability to carry out the simplest tasks and respond to the … Continue reading

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Hospital’s Policies, Procedures Not Discoverable in Vicarious Liability Suit

In most medical malpractice cases related to treatment in a hospital setting, a fairly standard interrogatory posed by plaintiffs to hospitals is a request for the production of any internal policies and procedures in effect at the time of the … Continue reading

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Problems of Proving a Lyme Disease Diagnosis

Lyme disease is the most commonly reported vector-borne illness in the United States. A new CDC report found that the number of counties in the northeastern states identified as having a high incidence of Lyme disease increased by over 320% … Continue reading

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Blaming the Victim: Challenges of COPD Treatment and Subsequent Lawsuits

Chronic obstructive pulmonary disease (COPD) is a group of progressive respiratory conditions, including emphysema and chronic bronchitis, characterized by airflow obstruction and symptoms such as shortness of breath, chronic cough, and sputum production. A recent Centers for Disease Control and … Continue reading

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Hospital Can Be Liable for Employee Following Instructions from Non-Employee, Private Attending Physician

In New York, there are two situations where a hospital may be held liable for the acts of a hospital employee who was following instructions given by a private attending physician who is not a hospital employee: (1) the hospital … Continue reading

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Failure to Diagnose Cancer Claims Face Hurdles, Especially in New York

People who are diagnosed with cancer bring lawsuits for medical malpractice and negligence just as patients with other types of medical injury do. Failure to diagnose claims are brought by people who eventually are diagnosed with a disease, including cancer. … Continue reading

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Jury Instruction in Product Liability Case That Violation of the FDCA is Negligence Per Se; Preemption Considerations

Diverging from other courts’ decisions in 2014, the Ninth Circuit in 2015 held that a state law failure to warn claim was not preempted by the Medical Device Amendments of 1976 (MDA) to the Food, Drug & Cosmetics Act (FDCA) … Continue reading

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