Judicial Decision-Making in Litigation (Medicolegal Issues)

Judicial Decision-Making in Litigation (Medicolegal Issues)

In professional liability claims, health care providers may be confused or frustrated about a judge’s perceived failure to address the merits of the claim. The source of frustration may be that a judge allows unmeritorious claims, accepts medical theories and arguments of questionable basis and support, or accepts testimony or positions taken by noncredible opponents. […]

Exposure to the Consumer Court Under the Consumer Protection Act--More Litigation for the Medical Industry? Medical Law Seminar, June 2009 (Forum) (Report)

Exposure to the Consumer Court Under the Consumer Protection Act–More Litigation for the Medical Industry? Medical Law Seminar, June 2009 (Forum) (Report)

The Consumer Protection Act 2008 (‘the Act’) comes into operation incrementally. For the most part, the provisions of the Act directly affecting the consumer take effect on 30 October 2010. The effective date of those consumer protection provisions can be deferred for an additional 6 months on notice on the grounds that additional time is […]

Dysphagia Malpractice: Litigation and the Expert Witness (Tutorial*)

Dysphagia is a swallowing disorder, and its diagnosis and treatment are the responsibilities of speech-language pathologists. It is frequently an issue in medical malpractice litigation because it can cause aspiration pneumonia and lead to serious medical complications. In this article, dysphagia is defined and there is a discussion of professionals and their responsibilities in its […]