Medical Liability
Entries across the digest that deal with medical liability.
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Injury & Liability
Medical Malpractice: Standard of Care and Affidavits of Merit
A malpractice claim requires expert proof of the professional standard of care, and most states also demand a certificate or affidavit of merit filed with or shortly after the complaint.
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Injury & Liability
Injury Settlements: Medical Liens, Subrogation, and Structured Payments
A settlement is rarely paid to the claimant alone. Medicare, Medicaid, health plans, hospitals, and lawyers assert rights against it, and structures can spread what remains over time.
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Health & Benefits
Informed Consent: What a Patient Must Be Told
Informed consent is governed by state law. The disclosure elements, the two competing standards, objective causation, the recognized exceptions, and who consents for a patient who cannot.
