Tag Archives: medicine

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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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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