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Subrogation traps for vulnerable
plaintiffs
J. Thomas Henretta
Sometimes an injured plaintiff wins compensation, only to see
the award whittled away when Medicare or Medicaid seeks reimbursement
for its expenditures on the plaintiff's behalf. Though the law
is complicated, you can step carefully around subrogation traps
and protect your client's recovery.
Can the law handle human cloning?
Justine Durrell
As science spirals steadily into the future, the law must keep
pace. Human cloning may seem only a remote possibility, but
scholars, lawyers, and ethicists are already considering its
mind-boggling implications. The author scours existing law for
clues to how the courts might approach cloning-related litigation.
Failure to treat pain: no more excuses
Barry R. Furrow
Patients in severe pain deserve to have their suffering relieved.
But poor medical education, inadequate insurance coverage, and
a fear of prescribing potentially addictive drugs make health
care providers hesitant to treat pain aggressively. The threat
of tort liability can pressure practitioners to improve pain
management.
Health care records: books open to
abuse
Interview with Joanne Hustead
Who's looking at your clients' medical records—or your
own? What protections shield patients' most personal health
information in the Internet Age? In this interview, the senior
counsel of Georgetown University's Health Privacy Project explains
why greater privacy protections for medical information will
promote better health care for all.
So you're stuck with ERISA . . .
Now what?
Mark D. DeBofsky
It happens sometimes: You try to dodge the bullet, but the
court rules that the Employee Retirement Income Security Act
governs the case. Never fear—you can still help your client
challenge an insurer's unfair denial of benefits. Learn how
to navigate the administrative process, what standard of review
courts apply, and what your client can recover under the act.
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Features
Make time palpable by using per diem
arguments
Thomas J. Vesper and Richard Orr
A victim of serious injury must live with its effects-often
for years, sometimes for a lifetime. Help jurors understand
the client's pain and suffering and other intangible damages
by using exhibits that break down his or her difficult future
into an expanse of months, weeks, or even days.
How to protect damages in federal
tort cases
Michael E. J. Archuleta and Laurie M. Higginbotham
When your client has been injured by a federal government employee's
negligence, you'd better bone up on the Federal Tort Claims
Act. The author explains how to meet the challenges of this
litigation to secure and retain a just damages award.
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News & Trends
New Cox-2 pain relievers are marketing
marvel, not miracle drugs
Hospitals, doctors may be liable for contractors'
negligence
Lawyer discovers evidence at Internet
auctions
Discovery subpoena to foreign witness
is valid, Second Circuit rules
'Younger' workers can sue under ADEA,
Sixth Circuit finds
California high court limits immunity
for Big Tobacco
Departments
President's page
Corporate greed
Washington focus
Grand illusion
Supreme Court review
The Court's curious consent search doctrine
Good counsel
Discoveries
Quotes
Classifieds
Classifieds
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