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FDA Import Action Sharpens the Medical Questions in Olympus Scope Infection Cases
By Burton Bentley II, MD, FAAEM These Olympus endoscope infection lawsuits raise important questions about medical causation and the evidence needed to establish whether…
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Exhumation Autopsy: When Is It Warranted in Civil Litigation?
By Burton Bentley II, MD, FAEEM An exhumation autopsy in civil litigation is an extraordinary forensic procedure involving significant scientific, legal, and ethical considerations.…
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IVF Genetic Testing Faces a Legal Challenge Over Promised Benefits
By Burton Bentley II, MD, FAEEM A federal judge dismissed a proposed IVF genetic testing class action lawsuit challenging LifeView preimplantation genetic testing, but…
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Spinal Cord Stimulator Lawsuits and the Search for What Went Wrong
By Burton Bentley II, MD, FAEEM The lawsuits over Boston Scientific’s spinal cord stimulators are proceeding together in federal court, but they do not…
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$117M Talcum Verdict Overturned When Expert Testimony Failed Daubert Challenge
A $117M talcum powder verdict was overturned by a New Jersey appeals court, which found that the expert testimony proffered on behalf of the…
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When Cause of Death is Unclear, Expert Testimony Must Show Causation
To establish medical malpractice, a plaintiff must prove that the healthcare provider’s action fell below the standard of care and that the failure was…
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Two Courts Change the Scope of What’s Protected Under Medical Peer Review Statutes
When a plaintiff sues a doctor for malpractice, the medical facility may also be culpable for negligent credentialing. Healthcare entities have a responsibility to…
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Whistleblower Win For Walgreens, FCA Case Dismissed
A False Claims Act (FCA) lawsuit against Walgreens was recently dismissed by the Southern District of Texas because the claim was not specific enough.…
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New Law To Prevent Surprise Medical Bills
A new law that will drastically reduce surprise medical bills is expected to take effect Jan. 1, 2022. Surprise bills arise when people unknowingly…
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