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January 2016 Archives

Inspection of blood testing company's labs reveals problems

Theranos Labs, a company specializing in blood testing services, has recently faced scrutiny from U.S. heath inspectors. Inspections of the company's labs conducted by the Centers for Medicare and Medicaid Services revealed the issues. While the final results of the inspections will be revealed to the public at a future date, the company has been put on notice to curtail much of its testing activities until its problems are addressed.

What is the "standard of care?"

Everyone has probably heard about someone suing a doctor or hospital for medical malpractice. You have also probably been privy to or part of a conversation or argument over the merits of medical malpractice lawsuits. One side may argue that it discourages doctors from taking high-risk patients or specializing in high-risk fields because of their legal exposure. Others may argue that doctors have an inordinate amount of power over their patients and without some sort of external check there will be no standards. The answer to both of these points is, yes.

What to do if a government-owned car hits you

You heard the crunch of metal and plastic behind you, the screech of your protesting wheels. And you felt the violent snap of your neck as your body propelled forward but your head did not. Your neck is sore, and surprisingly, it was a police car that struck the back-end of your vehicle. Filing claims against governments involves a little more than merely exchanging insurance information.

The source of a product defect can be hard to trace

In the United States, product liability laws exist as a means to help protect consumers from injuries caused by defective products. A manufacturing defect, in the most basic sense, basically means that something went wrong when the particular product was being assembled. Some of the most publicized manufacturing defects involve foodborne illnesses, contaminants in prescription bottles and car recalls.

Compensation for wrongful death actions

The problem with wrongful death actions is that there are no injuries for which compensation can be granted, like a broken arm or concussion. And there is no direct witness that can attest to the pain and suffering they felt. When these two classic ways of establishing damages are absent, courts and juries must look to other methods to determine appropriate compensation in a wrongful death lawsuit. This is referred to as determining the value of the victim's life. It is an unpleasant but necessary task in order to resolve these disputes.

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