In the Legal’s Medical Malpractice supplement, read about how technological discovery is transforming cases and the liability posed in printing 3D medical devices.
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Applications of the Statue of Repose in Medical Malpractice Cases
In the medical malpractice context, there are often allegations about a lack of continuity of care. It is typically used as a sword by the plaintiffs bar to argue that the medical care broke down during the course of a patient’s treatment history. Read more
Admissibility of Informed Consent in Medical Malpractice Cases
The admissibility of informed consent discussions and forms are a frequent issue in the trial of medical malpractice cases. While this evidence is obviously admissible in cases where the plaintiff is asserting a claim for lack of informed consent, its admissibility in cases where there is no challenge to the patient’s consent is less clear. Read more
Negligent Advice of a Class III Medical Device Sales Rep
The Medical Device Amendments of 1976 call for federal oversight of medical devices, which varies with the type of device at issue.
Transforming Medical Malpractice With Technological Discovery
Medical malpractice cases need to be investigated like a medical examination; one that includes the taking of current complaints, a medical history, a physical examination and a differential diagnosis. Read more
Debunking Aribritration, Mediation Myths in Health Care Litigation
In my 25 years as a trial lawyer, I have often heard the same comments from attorneys and clients on the efficacy of mediation and/or arbitration in the resolution of litigation. Regarding mediation, I have often heard that no one is ever satisfied with the results of a mediation. Regarding arbitration, the mantra has been: At arbitration, the arbitrator “splits the baby” in an effort to keep all the parties happy. In this article, I would like to debunk these “myths” by highlighting some of my experiences as a trial attorney for the defense in both mediation and arbitration.
The Liability of Hospitals and Doctors Printing 3D Medical Devices
As 3D printing becomes more accessible, it will present significant liability questions for those injured by these devices. If a traditional manufacturer creates a 3D-printed device, that manufacturer is subject to products liability claims.