ABA Journal

Health Law

3061 ABA Journal Health Law articles.

If Doctors Ask the Right Questions, Patients Can Be Pointed Toward Legal Help

Training busy doctors to ask the right questions to identify legal issues in the midst of a medical exam can be a challenge.

But a growing trend toward partnering hospitals…

State Bids to Block Health Reform Could Bring ‘Free-for-All Lawsuit’

A constitutional clash could emerge between the states and the federal government in a battle over the health reform law awaiting President Obama’s signature.

Already,…

‘Smart Money’ Says Supreme Court Won’t Thwart Health Care Bill, Law Prof Says

The “smart money” says the U.S. Supreme Court won’t overturn the health care bill awaiting President Obama’s signature—but the smart money has been wrong before, a law professor says.

Writing…

Pay-for-Delay Ban Left Out of Health Care Bill

A patent law change that would have banned so-called pay-for-delay patent deals was not included in the landmark health-care reform bill approved Sunday evening.

The historic legislation creates “a sweeping…

Refused Liver Transplant Coverage, Man Pays for It Himself, Sues & Wins Legal Fees

A successful produce merchant, Ephram Nehme was able to pay for a liver transplant himself. That enabled him to have the life-saving surgery when his insurer—after initially approving coverage for…

Vaccine Court Finds No Thimerosal-Autism LInk

A special branch of the U.S. Court of Federal Claims ruled today that the vaccine additive thimerosal is not to blame for autism.

Today’s rulings in three test cases that…

Supreme Court to Decide Whether Compensation Law Bars Vaccine Suits

The U.S. Supreme Court has agreed to decide whether a federal law bars a lawsuit that claims a vaccine caused a child’s seizures and developmental delays.

The parents of Hannah…

Troutman Partner Settles With DOJ; Firm ‘Supports the Sense of Vindication’

Without admitting liability—and, according to a company press release, without making any monetary contribution—a partner of Troutman Sanders has agreed to participate in a $14 million civil settlement agreement with…

Lawyer Whose Son Choked to Death on Hot Dog Fights for Warning Labels

A New Jersey lawyer whose 4-year-old son choked to death on a hot dog nine years ago has pushed for better labels on foods that pose choking hazards.

Now Oscar…

7th Cir Stays Infomercial Pitchman’s Jail Term for Crashing Judge’s Computer

A federal appeals court has stayed an infomercial pitchman’s 30-day jail term for urging fans to send e-mails that crashed a judge’s computer.

The 7th U.S. Circuit Court of Appeals…

Top NY Court Reinstates Felony Charges Against PI Firm Over Retainer Filings

In the latest twist in an unusual criminal case against a law firm, New York’s top court has reinstated felony charges brought against Silverman & Taylor over alleged factual misstatements…

Munchausen Mom Gets 40 Years in Death of 2-Year-Old Daughter

A woman who was convicted of child abuse in West Virginia and sentenced to one year in jail after she was caught on tape in a hospital trying to smother…

Employment Lawyers Cringe at Proposal to Add Gambling, Binge Eating to Mental Disorder List

In a development that is drawing fire from management-side employment lawyers, the American Psychiatric Association wants binge eating and excess gambling to be considered psychiatric disorders.

The APA has asked…

Texas Jury Acquits Whistle-Blowing Nurse

Jurors in Andrews, Texas, today acquitted Anne Mitchell, who was on trial on charges that she misused official information when she anonymously reported a doctor to state medical authorities.

Prosecutors…

800 Youths in Treatment, Nary a Full-Time Psychiatrist in Sight, Judge Observes

For nine months, Supervising Judge Edwina G. Richardson-Mendelson has overseen the New York City judges who detain juveniles, many of whom suffer from some sort of mental illness.

In September…

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