Remove 2013 Remove Informed Consent Remove Malpractice
article thumbnail

Always Liability Increases (ALI)?  Not Yet with Medical Monitoring.

Drug & Device Law

There was an insufficient time to discuss the Torts: Medical Malpractice draft. 2013); (2) Massachusetts, despite its highest court retaining present injury to “address any concerns over false claims,” Donovan v. Actions Taken Membership voted to approve §§48D-48F (Sepulcher) of the draft. Footnote and lengthy list of names omitted).

article thumbnail

Confident Learned Intermediaries Defeat Warning Causation

Drug & Device Law

They’re experienced at what they do and aren’t intimidated by plaintiffs’ counsel and their threats of malpractice claims if they don’t testify the way plaintiffs want them to. 2013 WL 4516160, at *3 (N.M. procedure that existed at the time of [plaintiff’s] injury”; malpractice was “intervening cause”) (applying Kansas law); Eck v.

FDA 59