We reported last year on a case in which the Arizona Court of Appeals allowed FDA-approved drug warnings to define the standard of care for a physician’s informed consent. Why does that matter? Well, in most every jurisdiction, a plaintiff bringing an action for medical negligence has to produce expert opinion that the defendant breached
Personalized medicine is the wave of the future. Whether treating disease or prescribing medical devices (or both), medical practitioners are taking individualized patient characteristics into account more and more as they treat their patients. Cancer therapy can now be targeted at the genetic level, and some medical devices can now be created to match patient
Every now and then something happens that’s unique. It’s hardly unique for defense counsel to send us a case, with his/her client’s consent and invite us to blog about it – but only once in twelve years has that happened where the result was a loss. That decision was Mantgem v. Spinal Kinetics, No.
We start with a disclaimer: The following metaphorical exercise is somewhat forced, but we are doing it anyway. If you are like us, then you are a few months in on a pattern of only buying groceries every week or so, perhaps supplemented by bulk deliveries of meat or seafood that you may need to