The Regan Report on Medical Law articles from November 1999

The Regan Report on Medical Law archives from November 1999

Physicians Must Prove `Contributory Negligence'.(Brief Article)
November 1, 1999... CONTRIBUTORY NEGLIGENCE OF PATIENTS IS ONE OF THE BEST DEFENSES PHYSICIANS HAVE TO SUITS FOR MEDICAL MALPRACTICE. However, before a trial court can instruct a jury as to contributory negligence there must be sufficient evidence that the patient...

Did Dr. `Participate' in Surgery Over Patient's Objection?(Brief Article)
November 1, 1999... CASE ON POINT: Preble v. Young, 999 S.W.2d 153 - TX (1999) ISSUE: If a patient directs that one of her treating physicians not be present during a surgical procedure, both the surgeon performing the procedure and the physician whom the...

KS: Minor Sues on Reaching Majority: `Learned Treatise' Exception to Hearsay Rule.(Brief Article)
November 1, 1999... CASE FACTS: On August 30 1990, 14-year-old William Wilson began experiencing stomach pain. Dr. Philip Knight, a pediatric surgeon, diagnosed the patient as having appendicitis, based on his elevated white blood count and a medical history...

NJ: Dr. Treats Hip Injury With Bed Rest: `Noninvasive Treatment' Requires Pt.'s Consent.(Brief Article)
November 1, 1999... CASE FACTS: In 1990, Jean Matthies was eighty-one years old and living alone in a senior citizen residence in Union City. On August 26, 1990, she fell in her apartment and fractured her right hip. For two days, she remained undiscovered. When...

Restrictive Covenant `Too Broad': Unenforceable.(Brief Article)
November 1, 1999... CASE ON POINT: Valley Medical Specialists v. Farber, 982 P.2d 1277 - AZ (1999) ISSUE: Most employment agreements have restrictive covenants to ensure that former employees cannot compete. Ordinarily they involve a specific term of time and...