- Independent Duties Hospitals Owe Patients: Direct Liability for Medical Malpractice
- Skin Antiseptic Chlorhexidine: Defense against Infection Comes with Risk
- Is Stillbirth Medical Malpractice Success Directly Proportional to Weeks of Pregnancy?
- Are Medical Lien Prices Evidence of Reasonable Value of Medical Services?
- Laparoscopic Gallbladder Removal: Minimally Invasive Procedure with Significant Risks
Tag Archives: law
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
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
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
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
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
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