Pennsylvania Law Monitor
Pennsylvania Law Monitor Blog
Should You Check Your Heart Rate With Your Smartphone?
Posted in Pennsylvania Law Monitor
Many people are taking advantage of technology to monitor their health and vital signs. But should you monitor your heart with a smartphone? Is this technology approved or regulated by the U.S. Food & Drug Administration? Entering the market in increasing numbers are heart-monitoring apps that are intended to be… Continue reading
Do Pedestrian Detection Systems in Cars Save Lives?
Posted in Pennsylvania Law Monitor
A recent study by a team of vehicle experts at the U.S. Department of Transportation’s Volpe Center found that pedestrian crash avoidance/mitigation (PCAM) systems can potentially reduce up to 5,000 vehicle-pedestrian crashes and 810 fatal vehicle-pedestrian crashes each year. Even if a crash is unavoidable, PCAM systems may reduce the… Continue reading
Voluntary Recall of Duodenoscope Issued Due to Infection Risk
Posted in Pennsylvania Law Monitor
In 2015, prompted by outbreaks of antibiotic-resistant infections linked to duodenoscopes, the FDA issued a Safety Communication, indicating that the complex design of duodenoscopes may impede effective reprocessing. From January 2013 through December 2014, the FDA received 75 Medical Device Reports (MDRs) involving approximately 135 patients relating to possible microbial… Continue reading
Are Medical Malpractice Damages Caps Unconstitutional?
Posted in Pennsylvania Law Monitor
The Wisconsin Court of Appeals recently joined courts in Florida, Illinois, New Hampshire, and Washington in finding that caps on noneconomic medical malpractice damages are unconstitutional. The appeals court found that Wisconsin’s cap on noneconomic medical malpractice damages always reduces noneconomic damages only for the class of the most severely… Continue reading
Venue Returned to County Where Failure to Communicate Medical Test Results Occurred
Posted in Pennsylvania Law Monitor
In Pennsylvania, a medical malpractice lawsuit must be filed in the county where the alleged malpractice occurred. The Superior Court in Pennsylvania recently reversed a trial court decision in a medical malpractice case that transferred venue from Philadelphia County to Berks County, sending the case back to Philadelphia County. The… Continue reading
Sales of Opioid Pain Medication Halted After FDA Request
Posted in Pennsylvania Law Monitor
Endo Pharmaceutical’s recent decision to halt sales of Opana ER (oxymorphone hydrochloride) quickly followed the U.S. Food and Drug Administration’s (FDA) request that it remove the abuse-linked opioid pain medication from the market. This is the first time the agency sought to remove a currently marketed opioid pain medication from… Continue reading
Can a Doctor Delegate Duty to Obtain Informed Consent to Staff Member?
Posted in Pennsylvania Law Monitor
A physician cannot perform a surgery or other medical procedure on a patient without first obtaining the patient’s informed consent. Informed consent means that the patient was advised of the risks, benefits, and alternatives to the procedure and, knowing these, made the decision to undergo the procedure. A physician can… Continue reading
Knocked Down and Injured by a Dog – Now What?
Posted in Pennsylvania Law Monitor
Most people are aware that a dog owner can be sued if his dog bites you. But what if a dog runs up to you, jumps on you, and knocks you down, causing injury? That scenario highlights the difference between injuries from dog bites and injuries that occur from a… Continue reading
Florida Supreme Court Strikes Down Cap on Medical Malpractice Damages
Posted in Pennsylvania Law Monitor
The Supreme Court of Florida held that the state’s statutory caps on personal injury noneconomic damages in medical negligence actions violate the Equal Protection Clause of the Florida Constitution. The statute, section 766.118, set noneconomic damages caps of $500,000 per claimant in personal injury or wrongful death actions arising from… Continue reading
What Does PA’s Medical Marijuana Act Mean for My Company?
Posted in Pennsylvania Law Monitor
Pennsylvania’s Medical Marijuana Act was enacted in May 2016 (the “Act”). Under the Act, patients with serious medical conditions, such as cancer, HIV/AIDS, Parkinson’s Disease, Multiple Sclerosis, and severe chronic or intractable pain, are authorized to use medical marijuana to treat their condition after obtaining a certification from a physician… Continue reading