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Exhumation Autopsy: When Is It Warranted in Civil Litigation?
By Burton Bentley, MD, FAEEM An exhumation autopsy in civil litigation is an extraordinary forensic procedure involving significant scientific, legal, and ethical considerations. In…
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IVF Genetic Testing Faces a Legal Challenge Over Promised Benefits
IVF Genetic Testing Faces a Legal Challenge Over Promised Benefits A federal judge dismissed a proposed IVF genetic testing class action lawsuit challenging LifeView…
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Spinal Cord Stimulator Lawsuits and the Search for What Went Wrong
The lawsuits over Boston Scientific’s spinal cord stimulators are proceeding together in federal court, but they do not describe one uniform failure. Some patients…
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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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Trends in Pediatric Medical Professional Liability Claims in Acute Care Settings
Background: While medical professional liability (MPL) claims involving pediatric cases (ages 0-17 years) represent a small fraction of overall MPL claim activity nationally, they…
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Sixth Circuit Denies Appeal to Plaintiff Who Mistook Healthcare Entity as Not Being Covered by FTCA
Antoinette Lundy filed a medical malpractice lawsuit on behalf of her son after he suffered brain damage during childbirth. As Lundy’s healthcare providers were…
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