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The Legal Intelligencer

'Audit Trail' Metadata Discoverable in Med Mal Suit

A woman suing a hospital over treatment that allegedly caused brain damage should be allowed to access "audit trail" information outlining which health care providers viewed her medical records and whether those records were manipulated, a Pennsylvania judge has ruled in an apparent case of first impression.
7 minute read

The Legal Intelligencer

Medical Malpractice

By | April 11, 2017
In the Legal's Medical Malpractice supplement, read about how technological discovery is transforming cases and the liability posed in printing 3D medical devices.
5 minute read

The Legal Intelligencer

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. The most stringent oversight is reserved for a Class III medical device, which is one used in sustaining human life, one of substantial importance in preventing impairment of human health, or one that presents a potential unreasonable risk of illness or injury.
14 minute read

The Legal Intelligencer

Debunking Arbitration, 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.
13 minute read

The Legal Intelligencer

Applications of the Statute 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.
11 minute read

The Legal Intelligencer

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.
14 minute read

The Legal Intelligencer

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. But, when a hospital or doctor prints the device at their own facility, who is responsible if that device causes a patient harm? This article will provide a very brief overview of the existing legal landscape for those injured by medical devices printed by doctors and hospitals, but will not address the liability issues that arise when the 3D printer itself is defective.
12 minute read

The Legal Intelligencer

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.
16 minute read

The Legal Intelligencer

Lawyers Spar Over Peer Review Protections for Outside Contractors

Counsel for a health care provider defendant in a dispute over the quality of peer review presented complex arguments before the Pennsylvania Superior Court. For at least one justice, however, the issue might come down to the use of a comma.
8 minute read

The Legal Intelligencer

Lawyers Spar Over Peer Review Protections for Outside Contractors

Counsel for a health care provider defendant in a dispute over the quality of peer review presented complex arguments before the Pennsylvania Superior Court. For at least one justice, however, the issue might come down to the use of a comma.
4 minute read

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