Law & Medicine

Law & Medicine

Duty vs. confidentiality

What role does foreseeability play when a physician knows a patient may be a danger to others?

Law & Medicine

Federal medical tort reform: Has its time come?

Three legal relative newcomers – health courts, apology laws, and safe harbors – appear to be taking center stage in any forthcoming federal tort...

Law & Medicine

Determining patients’ decisional capacity

When do patients no longer have the medical capacity to make their own health care decisions, and when can surrogates make those decisions for...

Law & Medicine

Update on the False Claims Act

Battles over implied fraud and competing medical opinions may reshape the risk physicians face in False Claims Act cases.

Law & Medicine

Update on malpractice trends

Are malpractice claims really on the decline? And how much protection do apology laws actually provide physicians?

Law & Medicine

EMTALA Part III: Case law

This is the third installment of a three-part series. Question: Based on case law, which of the following statements is most appropriate regarding...

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