Through all the propaganda and partisan sound bites healthcare reform has received in the last two years, one thing is certain: the Patient Protection and Affordable Care Act will radically transform the U.S. healthcare system. The most significant change under the Act which requires that most people obtain health insurance will not become law until 2014. Other purported benefits of the reform are not new.
According to a recent American Medical Association report, on average, 95 medical liability claims are filed for every 100 physicians.
In today’s world, there is a never-ending supply of diet tips and suggestions for proper ways to workout and take care of the body. While the focus is on keeping healthy now, less attention is aimed at health care needs in the future. By encouraging patients to draft an advance health care directive (“AHCD”), they can exercise their right to provide future instructions related to their own health care and medical needs.   The Importance of an Advance Health Care...
Howell v. Hamilton Meats & Provisions, Inc. Howell is now on appeal to the California Supreme Court. In the interim, Howell will perhaps most significantly impact settlement negotiations.
A “no contest” clause is a provision in a will, trust or other instrument, stating a person who contests or attacks the instrument will take nothing under the instrument, or in the alternative, may take a reduced share. Thus, a “no contest” clause forces a contesting party to determine whether he/she should: take the gift as provided under the instrument, if any, or risk losing everything. Such a provision is intended to reduce litigation by disappointed heirs...
Congress enacted the Telephone Consumer Protection Act (“TCPA”) with the intent of stopping technology savvy telemarketers from making excessive calls. However, this statute can create enormous liability with minimal proof against anyone who uses an automated dialer.
In a medical malpractice action, an expert witness is crucial to establish standard of care, causation and damages. Both sides retain experts to promote their perspectives. Therefore, medical issues often are reduced to a “battle of the experts,” in which the experts themselves become more compelling than the substance, reliability, or validity of their testimony. A good expert can captivate a jury, and clearly and concisely explain esoteric concepts in layman’s terms. A bad...
Technology has changed how people create, share, and store information. Digital information is produced in ever growing volumes. For example in 2007 the email volume per person was estimated to be four gigabytes. That would equal one hundred and four Banker’s boxes of paper! This ever increasing creation of digital information means digital discovery issues will play an increasingly larger role in litigation.