The Regan Report on Medical Law articles from April 1999

The Regan Report on Medical Law archives from April 1999

Your Admissions Can Constitute Expert Testimony.(physicians' communications to patients)
April 1, 1999... CAN A DOCTOR'S ADMISSIONS CONSTITUTE EXPERT TESTIMONY WHICH A MALPRACTICE PLAINTIFF REQUIRES TO PROVE A CASE? That was the issue with which the courts were confronted in this unusual case in which the plaintiff was unable to obtain or name an...

`Extraordinary Circumstances' Exception Re Affidavit of Merit.
April 1, 1999... CASE ON POINT: Barreiro v. Morais, 723 A.2d 1244 - NJ (1999) ISSUE: Many states require that a plaintiff in a malpractice case file an affidavit of merit within a prescribed time. Failure to do so can result in a case being dismissed....

ND: Insurer Concedes Duty to Defend Dr: Declaratory Judgment on `Transference' Denied.(North Dakota)
April 1, 1999... CASE FACTS: Dr. John Roe, (a pseudonym) was a specialist in internal medicine in Fargo, North Dakota. In 1989 he met Dr. Jane Doe, (a pseudonym) who operated a weight loss clinic. Dr. Roe contacted Dr. Doe about referring patients to him and...

TX: Patient Ingests Kool-Aid & Formaldehyde: Was Failure in ER a Deceptive Trade Practice?(Texas)
April 1, 1999... CASE FACTS: While at work in April 1988, Margaret Campbell's husband, Danny, became violently ill after ingesting Kool-Aid contaminated with formaldehyde. She took him to the MacGregor Medical Clinic, which was an authorized medical provider...

Kentucky Ignores Peer Privilege in Malpractice Suits.
April 1, 1999... CASE ON POINT: Sisters of Charity Health Sys. v. Raikes, 984 S.W.2d 506 - KY (1999) ISSUE: Most states treat the peer review privilege as almost sacrosanct. It is invoked in medical malpractice cases day in and day out in almost all...