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Is Learned Intermediary Doctrine Dead or Alive?(Brief Article)
October 1, 1999... SHOULD THE LEARNED INTERMEDIARY DOCTRINE BE PUT ON LIFE SUPPORT? Is it dying? Is it dead? Pharmaceutical houses now are directly targeting the public through TV, Magazine and Newspaper advertisements, urging patients to ask physicians to...
Misdiagnosis: $5.5 Million for Loss of Remaining Testicle.(Brief Article)
October 1, 1999... CASE ON POINT: Cone v. National Emergency Services, Inc., 737 So.2d 114 - LA (1999)
ISSUE: Did this physician "cause" the loss of a sole remaining testicle? Was a jury's verdict awarding $5.5 Million excessive?
CASE FACTS: Joshua Cone...
PA: Failure to Report Vision Disorder: Is Opthalmologist Liable to Injured Party?(Brief Article)
October 1, 1999... CASE FACTS: On July 6, 1993 Lynn Witthoeft, was bicycling on Walker road in Chambersburg, Pennsylvania. An automobile driven by Helen Myers struck her. Ultimately, Ms. Witthoeft died from the injuries sustained in the accident. Prior to the...
TX: Alleged Failure to Get Informed Consent: Assault & Battery is Governed by Malpractice.(Brief Article)
October 1, 1999... CASE FACTS: Phyllis Williams alleged that she went to the office of Dr. Christine Walker, seeking consultation and treatment of a left axilla abscess. The patient alleged that she requested that she be treated with antibiotics because she...
Failure to Report Child Abuse is Malpractice!(Brief Article)
October 1, 1999... CASE ON POINT: Bentley v. Carroll, 734 A.2d 697 - MD (1999)
ISSUE: Most physicians know that they are required by law to report cases of suspected child abuse. Further, they are immune from liability should a report made in good faith prove...