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Wrongful refusal to authorize treatment: do we care?
March 1, 1998... CAN A PATIENT OR HIS FAMILY SUE A HEALTH CARE INSURER FOR IMPROPER REFUSAL TO AUTHORIZE NECESSARY TREATMENT? That was the issue with which a Federal Court in Massachusetts was confronted in this extraordinary case. Unfortunately the health...
Contributory negligence as defense to suit by AIDS patient.
March 1, 1998... ISSUE: Contributory Negligence can be a very effective defense to a suit for medical malpractice. In this interesting North Carolina case a trial court refused to allow a jury instruction as to contributory negligence relative to an HIV patient...
"On-call" doctor not liable as joint venturer.
March 1, 1998... ISSUE: A joint venture arises where two or more parties combine their property or labor, or both, in a joint undertaking for profit, with rights of mutual control. In this interesting Georgia case an obstetrician who was covering for another...