Author

Alex Stein

  • Informed Consent

    “Error in Judgment” and Informed Consent

    By Alex Stein When conventional standards of practice allow a physician to choose between two or more ways to treat or diagnose a patient, she is free to select any of those ways. The fact that…

    “Error in Judgment” and Informed Consent

  • Liability

    The Scope of Virginia’s Birth–Related Neurological Injury Compensation Program

    By Alex Stein Virginia’s Birth–Related Neurological Injury Compensation Act of 1987 (BRNICA) affords aggrieved patients a no-fault compensation remedy for qualified injuries while giving potential tort defendants – doctors and hospitals who choose to participate in…

    The Scope of Virginia’s Birth–Related Neurological Injury Compensation Program

  • Liability

    The Timeline Approach to Medical Malpractice Defenses

    By Alex Stein California’s Court of Appeal has recently delivered a first-impression decision on the conditions under which a patient’s own negligence can be asserted as a defense against medical malpractice allegations. Harb v. City of…

    The Timeline Approach to Medical Malpractice Defenses

  • Liability

    Organ Transplant Malpractice and the “Proximate Cause”

    By Alex Stein Everyone interested in that area must read Shierts v. University of Minnesota Physicians, — N.W.2d — (Minn.App.2014), 2014 WL 7344014. This important – yet, unreported – decision deals with a medical-malpractice action arising…

    Organ Transplant Malpractice and the “Proximate Cause”

  • Health Law Policy

    Caps, Settlements, and Chutzpah under California’s Medical Malpractice Law

    By Alex Stein A recent California Supreme Court decision, Rashidi v. Moser, — P.3d —- (Cal. 2014), must be read by anyone interested in medical malpractice and in torts generally. This decision involved a very serious incident of medical…

    Caps, Settlements, and Chutzpah under California’s Medical Malpractice Law

  • Liability

    Medical Malpractice and the “Continuous Act” Exceptions to the Statute of Repose

    By Alex Stein Cefaratti v. Aranow, — A.3d —- (Conn.App. 2014) is a textbook decision on the “continuous act” exceptions to the statute of repose. This decision of the Connecticut Appeals Court draws an important –…

    Medical Malpractice and the “Continuous Act” Exceptions to the Statute of Repose

  • Health Law Policy

    The Constitutionality of Damage Caps in Pennsylvania

    By Alex Stein In its recent decision, Zauflik v. Pennsbury School Dist., — A.3d —- (Pa. 2014), the Supreme Court of Pennsylvania upheld the constitutionality of the statutory $500,000 cap on tort compensation payable by the…

    The Constitutionality of Damage Caps in Pennsylvania

  • Doctor-Patient Relationship

    “Proximate Cause” and the Patient Suicide Problem

    By Alex Stein This difficult problem and the underlying human tragedy have recently been adjudicated by the Supreme Court of Mississippi in Truddle v. Baptist Memorial Hosp.-Desoto, Inc., — So.3d —- (Miss. 2014). A hospital patient…

    “Proximate Cause” and the Patient Suicide Problem