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Full-Text Articles in Law
Aetna V. Davila/Cigna V. Calad: A Missed Opportunity, Leonard A. Nelson
Aetna V. Davila/Cigna V. Calad: A Missed Opportunity, Leonard A. Nelson
William Mitchell Law Review
On June 21, 2004, the United States Supreme Court decided the health law “case of the year” in the two consolidated cases of Aetna Health, Inc. v. Davila and CIGNA HealthCare of Texas, Inc. v. Calad. The Court held that section 502(a) of the Employee Retirement Income Security Act of 1974 (ERISA) “completely preempt[s]” and thus invalidates the tort liability provisions of the Texas Health Care Liability Act (THCLA). The case could potentially affect the rights of millions of Americans in a matter of vital concern—whether they will receive the health insurance coverage promised them if they become unable to …
Off-Label Use And The Medical Negligence Standard Under Minnesota Law, Cynthia A. Moyer
Off-Label Use And The Medical Negligence Standard Under Minnesota Law, Cynthia A. Moyer
William Mitchell Law Review
Who decides whether a drug can be used off-label and under what circumstances? If a physician decides to prescribe a drug off-label, what legal issues, if any, should the physician be aware of? With the increased practice of prescribing drugs for off-label use, coupled with a somewhat dated and incomplete medical negligence standard in Minnesota, the intersection of the off-label use doctrine with Minnesota’s medical negligence standard is ripe for review. This article examines the off-label use doctrine and the medical negligence standard under Minnesota law. First, the article examines what the phrase “off-label use” means. Next, the article explores …