Author

Alex Stein

  • Health Law Policy

    Another Blow to Tort Reform in Florida: Statute Allowing Defendants in Medical Malpractice Suits to Hold Ex Parte Interviews with the Aggrieved Patient’s Care Providers Declared Unconstitutional

    By Alex Stein STEIN on Medical Malpractice has recently published a survey of noteworthy court decisions in the field for 2017. This survey includes an important decision, Weaver v. Myers, 229 So.3d 1118 (Fla. 2017), that…

    Another Blow to Tort Reform in Florida: Statute Allowing Defendants in Medical Malpractice Suits to Hold Ex Parte Interviews with the Aggrieved Patient’s Care Providers Declared Unconstitutional

  • Health Law Policy

    Florida Caps on Noneconomic Damages Held Unconstitutional

    By Alex Stein STEIN on Medical Malpractice has published a survey of noteworthy court decisions in the field for 2017. This survey includes an important decision, North Broward Hospital District v. Kalitan, 219 So.3d 49 (Fla. 2017),…

    Florida Caps on Noneconomic Damages Held Unconstitutional

  • Doctor-Patient Relationship

    Undisclosed Arbitration Clause in the Doctor-Patient Agreement Held Unenforceable

    By Alex Stein STEIN on Medical Malpractice has published a survey of noteworthy court decisions in the field for 2017. This survey includes an important decision, King v. Bryant, 795 S.E.2d 340 (N.C. 2017), that examines the…

    Undisclosed Arbitration Clause in the Doctor-Patient Agreement Held Unenforceable

  • Health Law Policy

    Reproductive Negligence under Maine Law

    By Alex Stein STEIN on Medical Malpractice has published a survey of noteworthy court decisions in the field for 2017. This survey includes an important decision, Doherty v. Merck & Co., Inc., 154 A.3d 1202 (Me.…

    Reproductive Negligence under Maine Law

  • Global Health

    More on the ECJ Vaccine Liability Decision

    By Alex Stein My friend and mentor, the former Israeli Chief Justice Aharon Barak, used to say that when neither side likes the court’s decision, chances are that the court was right. This is likely to…

    More on the ECJ Vaccine Liability Decision

  • Global Health

    Vaccine Liability in Europe: A New Development

    By Alex Stein Yesterday, the European Court of Justice has issued an important ruling on vaccine manufacturers liability. N.W. et al. v. Sanofi Pasteur MSD, C‑621/15. This ruling triggered a hailstorm of criticism from different media…

    Vaccine Liability in Europe: A New Development

  • Doctor-Patient Relationship

    CAVEAT HOSPITIA: Suits Alleging Negligent Credentialing Against Hospitals Get Exemption from Tort Reform

    By Alex Stein Policymakers and scholars interested in medical malpractice and torts generally should read Billeaudeau v. Opelousas General Hospital Authority, — So.3d —-, 2016 WL 6123862 (La. 2016). In this recent and important decision, the…

    CAVEAT HOSPITIA: Suits Alleging Negligent Credentialing Against Hospitals Get Exemption from Tort Reform

  • Advanced Care & Aging

    Compulsory Arbitration Clause in Nursing Home Agreements: The NAF Saga Continues

    By Alex Stein As I reported a year ago, the National Arbitration Forum (NAF) was a designated arbitrator in thousands of nursing home agreements. When a nursing home resident complained about medical malpractice or other mistreatment,…

    Compulsory Arbitration Clause in Nursing Home Agreements: The NAF Saga Continues

  • Health Law Policy

    Actions for Sexual Assault Incidental to Medical Treatment Placed Outside the Scope of Medical Liability

    By Alex Stein Ex parte Vanderwall, — So.3d —- 2015 WL 5725153 (Ala. 2015), is a new important decision that defined “medical malpractice” to identify suits adjudicated under special defendant-friendly rules. As I explained here, here, here, here, here, here, here, and…

    Actions for Sexual Assault Incidental to Medical Treatment Placed Outside the Scope of Medical Liability