Hall Render

FEBRUARY 10, 2023

over Claims Practices Where things stand in Central California 1 month after a community hospital’s closure California hospital names Kelly Linden CEO Upcoming California health bills to watch, including a conversation with Rep. Blue Shield of California is counting on it.

US Department of Health and Human Services 40

US Department of Health and Human Services COVID-19 Nursing Homes Nurses 40

Drug & Device Law

JUNE 14, 2023

Of course, on the defense side, we’re usually as happy as clams if we can show that the Food and Drug Administration (FDA) has already decided which warnings are necessary, so let’s call it a day. Francisco is an unpublished, nonprecedential opinion about a medical malpractice, not product liability, case. 2023 WL 3589654 (Ariz.

FDA 59

FDA Malpractice Informed Consent Doctors 59

Drug & Device Law

APRIL 21, 2023

The patient sadly passed away after having 23 teeth removed and replaced (for those keeping score, that is more than two-thirds of a normal human complement of teeth), and his family sued for medical malpractice and product liability. So maybe the manufacturer’s duty to warn and the physician’s duty to obtain informed consent merge.

Informed Consent 59

Informed Consent Malpractice FDA Regulatory Compliance 59

Drug & Device Law

AUGUST 30, 2022

Today’s post is actually about a medical malpractice case. But it involves the interplay between an FDA “Safety Communication” and punitive damages, so we thought it was worth looking at. The FDA data showed that approximately.28% Notably, the FDA Communication was not enough. In Rivera v. Valley Hospital, Inc.

FDA 59

FDA Informed Consent Malpractice Hospitals 59

Drug & Device Law

AUGUST 8, 2022

Apparently, a fraudulent foreign-trained “doctor” treated the plaintiffs, none of whom claimed malpractice or any physical injury whatsoever. Anyway, this fraudulent “doctor” allegedly “touched them without informed consent” and caused them “emotional distress. Such power rests solely with the FDA.”

Doctors 52

Doctors Fraud Licensing Compliance 52

Drug & Device Law

JUNE 7, 2022

Plaintiff argued this conflicted with the learned intermediary rule because the FDA requires warnings to consumers when manufacturers market drugs to consumers. The FDA also requires warnings to physicians. Doctors are charged with discussing the risks and benefits of treatment and obtaining informed consent from their patients.

Doctors 69

Doctors FDA Informed Consent Malpractice 69

Drug & Device Law

JUNE 6, 2022

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. procedure that existed at the time of [plaintiff’s] injury”; malpractice was “intervening cause”) (applying Kansas law); Eck v. 3d 1223, 1233 (11th Cir.

FDA 59

FDA Doctors Malpractice Informed Consent 59