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Articles 1 - 6 of 6
Full-Text Articles in Law
Negligence Per Se Theories In Pharmaceutical & Medical Device Litigation, Andrew E. Costa
Negligence Per Se Theories In Pharmaceutical & Medical Device Litigation, Andrew E. Costa
Maine Law Review
The notion of addressing the vagaries of negligence per se theories in the context of pharmaceutical and medical device litigation seems to promise little more than a monograph anesthetized by a body of obscure pharmaceutical and medical device provisions viewed through the lenses of various states' negligence law. Maybe little more than that can be assured. However, the issue of how courts should address negligence per se theories in this context implicates a variety of “larger” (or, possibly, more interesting) legal issues in general and pharmaceutical and medical device litigation in particular. Perhaps foremost among these issues is the interaction …
Unconstitutional Asymmetry Or A Rational Basis For Inconsistency? The Admissibility Of Medical Malpractice Prelitigation Screening Panel Findings Before And After Smith V. Hawthorne I And Ii, Matthew Asnault Morris
Unconstitutional Asymmetry Or A Rational Basis For Inconsistency? The Admissibility Of Medical Malpractice Prelitigation Screening Panel Findings Before And After Smith V. Hawthorne I And Ii, Matthew Asnault Morris
Maine Law Review
Pre-litigation screening panels have been instrumental in streamlining medical malpractice litigation in the State of Maine by culling claims from superior court dockets, encouraging settlements, and providing findings of fact that could prove useful for a jury if the case proceeds to trial. In enacting one particular provision governing the confidentiality and the admissibility of the screening panel process, however, the legislature may have sacrificed the constitutional rights of medical malpractice claimants in favor of a lighter docket. Two recent cases before the Law Court, Smith I and II, have challenged the constitutionality of Maine’s unique statutory approach to the …
Tipping The Scales?: Maine Adopts The Continuing Negligent Treatment Doctrine In Baker V. Farrand, Michael P. Beers
Tipping The Scales?: Maine Adopts The Continuing Negligent Treatment Doctrine In Baker V. Farrand, Michael P. Beers
Maine Law Review
In Baker v. Farrand, the Maine Supreme Judicial Court, sitting as the Law Court, held that for a series of related negligent acts or omissions committed by a health care provider or practitioner, a single cause of action “accrues” under the Maine Health Security Act (hereinafter MHSA) on the date of the last act or omission that contributed to the plaintiff’s injury. Hence, in situations where a physician provides continuing negligent treatment to a patient in which each and every one of the physician’s actions are negligent, the MHSA’s three-year statute of limitations does not begin to run until the …
Trial And Error: Legislating Adr For Medical Malpractice Reform, Lydia Nussbaum
Trial And Error: Legislating Adr For Medical Malpractice Reform, Lydia Nussbaum
Maryland Law Review
The U.S. healthcare system has a problem: hundreds of thousands of people die each year, and over a million are injured, by medical mistakes that could have been avoided. Furthermore, over ninety percent of these patients and their families never learn of the errors or receive redress. This problem persists, despite myriad reforms to the medical malpractice system, because of lawmakers’ dominant focus on reducing providers’ liability insurance costs. Reform objectives are beginning to change, however, and the vehicle for implementing these changes is alternative dispute resolution (“ADR”). Historically, legislatures deployed ADR to curb malpractice litigation and restrict patients’ access …
Torts: No Statutory Interpretation Required—Guzick V. Kimball, Marcus Jardine
Torts: No Statutory Interpretation Required—Guzick V. Kimball, Marcus Jardine
Mitchell Hamline Law Review
No abstract provided.
Despite Trump, Federal ‘Tort Reform’ Makes A Hasty Retreat, Joanne Doroshow
Despite Trump, Federal ‘Tort Reform’ Makes A Hasty Retreat, Joanne Doroshow
Other Publications
No abstract provided.