Articles tagged with Litigation
A study found that radiologists who reviewed imaging tests twice after AI flagged them as abnormal were 53% less likely to be held liable in court compared to those who reviewed once. This suggests that changes to radiologist workflow could reduce legal risk, but may also come with increased costs.
A new study from the University of Surrey suggests that powerful companies risk legal responsibility for labor abuse, child labor, and environmental pollution linked to their global operations. Courts in the UK and abroad are treating corporate human rights responsibility as a legal duty rather than a voluntary promise.
A new study published by the American Psychological Association found that virtual jurors are just as attentive and engaged as those in a traditional courtroom setting. The research, which compared online and in-person mock juries, revealed few significant differences between the two formats.
Next Steps: Rebuilding Indigenous Law is a new research initiative that empowers Indigenous communities to renew and rebuild their own legal systems. The project, supported by a $10 million investment, aims to rebuild entire Indigenous legal orders and revitalize traditional legal traditions.
Recent court cases use medical and scientific evidence to defend human rights to health, attributing health impacts to climate change. Health professionals can help characterize cause of deaths and disease resulting from climate change impacts, and drive action by supporting legal interventions against big polluters.
A recent study found that Japan's growth-oriented carbon pricing initiatives face litigations against renewable energy projects, highlighting the need for early stakeholder involvement and cooperation with local communities. The study also reveals a disparity in scale between Japanese and American climate investments.
A settlement has been reached in an antitrust lawsuit against the National Association of Realtors, potentially leading to lower real estate commissions. The agreement prohibits sellers from listing buyers' agent commissions on MLS databases, which could give consumers relief and promote competition among agents.
The Association for Molecular Pathology (AMP) has won a court ruling that vacates the FDA's rule on laboratory-developed test procedure regulation. This decision will avoid adding billions of dollars in healthcare costs and protect access to high-quality care for hundreds of millions of Americans.
Researchers found that banks referred for violations are significantly more likely to engage in risk-heavy strategies and speculative lending. Stronger boards with larger and more independent membership can dampen the negative impact of misconduct.
New research from Lancaster University highlights the devastating impact of the UK's unprecedented use of citizenship stripping on British children trapped in dire camps in North-East Syria. The study calls for a children's right approach to repatriation decision-making to ensure safe return and family reunification.
A new study finds that 'litigant shopping' – choosing plaintiffs with specific demographic attributes – can influence public perception of the US Supreme Court. The research suggests that attorneys or political interests should carefully consider identity politics when selecting counter-stereotypical litigants to ensure desired outcomes.
An attorney and retired mechanical engineer highlights the need for infrastructure or limitations on play to address noise nuisance complaints from neighbors. He recommends building courts far from homes or using less noisy paddles and balls to mitigate the issue.
A recent study by University of Texas at Austin professor Robert Parrino found that the SEC's Rule 10b5-1 has limited effectiveness in limiting insider trading. Despite being widely used, the rule allows CEOs to game the system by canceling trades or using limit orders within the plan.
Mothers with a criminal record and care experience face negative judgements and excessive scrutiny due to their 'known' status. The study emphasizes the need for supportive dialogue across disciplinary boundaries to break cycles of stigma and social care involvement, focusing on safe spaces and trust-building for care-experienced mothers.
An analysis of court cases suggests that mediation might not have resolved conflicts about children's medical treatment, with only around half of cases potentially avoidable. The study highlights the limitations of mediation in resolving complex disputes, particularly when personal values are deeply involved.
This cross-sectional study investigated emergency department clinicians' concerns about medical errors resulting in either patient harm or malpractice litigation. The findings highlight the emotional toll of these errors on clinicians, including feelings of guilt, anxiety, and burnout.
A study by the University of Texas at Austin found that countries with strong rule of law have less economic volatility and higher productivity. Weak rule of law leads to poor contract enforcement, causing employee morale to suffer, ultimately sparking churn and economic instability.
A study by Carnegie Mellon University researchers found that lawyers who view negotiation as a game, with arbitrary rules, are less willing to disclose honest information. Lawyers with higher moral character are more likely to adopt an ethical approach, while those with lower moral character are more prone to game framing.
A new study suggests that litigation addressing alleged homophobic bullying violations can help reduce rates of this form of bullying among students who are or perceived to be LGBTQ. The study's findings support the use of legal action as a strategy to address this issue.
A new study by the University of Oxford and Environmental Change Institute found that evidence submitted in 73 climate lawsuits is behind state-of-the-art climate science. The study highlights the need for litigators to use more effective scientific evidence to overcome obstacles to causality.
State legislatures use various tactics to pass laws limiting local control, such as passing bills quickly, concealing preemption, and repealing existing laws. These strategies concentrate power at state capitals, reducing local governments' ability to protect residents from public health harms.
A new model of generic entry and patent litigation recommends a system that rewards the first successful challenger, resulting in fewer pay-for-delay deals. The researchers also advise limiting branded firms' ability to launch authorized generics to prevent such agreements.
A new study explores how franchisors can use contract ambiguity to minimize litigation and improve joint problem-solving with franchisees. The research finds that ambigous contracts lead to a 7% increase in franchisor net income, as well as enhanced collaboration and deterrence of franchisee-initiated lawsuits.
A new study by University of Illinois expert J. Ryan Lamare examines how firms use alternative dispute resolution practices to resolve workplace issues. The researchers found that firms with different strategic orientations, such as efficiency and satisfaction, are more likely to use mediation or arbitration.
A Rutgers study found that facial trauma lawsuits generally favor physicians, with nearly three-fourths of cases being dismissed before trial. The study also found that patients are most successful in jury trials and in the Midwest, with outcomes favoring plaintiffs in Midwestern courts.
A pilot study found that specialist-led bereavement services led by senior doctors, nurses, and the quality and safety lead can help curb patient complaints and legal action in the wake of a difficult death. Most families who used the service had unanswered questions about clinical care and quality of care provided.
A systematic review of 9,008 clinicians reveals that fear of litigation is a key factor influencing the decision to perform C-sections. Clinicians' personal preferences and perceived safety concerns also play a significant role.
A new analysis by George Washington University researchers finds that health concerns are cited in a minority of climate lawsuits but may have critical potential for protecting communities. The study suggests that including health benefits in climate litigation could catalyze effective policy-making.
A study published in Health Affairs found that communication-and-resolution programs significantly improve patient safety while reducing liability costs. The programs, which include apologies and explanations for medical errors, lead to a low percentage of events resulting in lawsuits, with only 5% leading to malpractice claims.
A new toolkit introduced by the federal government aims to improve patient safety by removing barriers to reporting harms, analyzing incidents, and communicating proactively with patients. By adopting this approach, hospitals can reduce emotional trauma, litigation, and costs, while serving patients better.
A recent study published in Science reveals that patent trolls are suing firms regardless of actual patent infringement, leading to a negative impact on research and development investment. The authors propose advance review procedures to screen out trolling and encourage legitimate infringement claims.
Cerebral palsy cases can be attributed to genetic mutations in up to 45% of cases, according to a study by the Australian Cerebral Palsy Research Group. The research suggests that genetic sequencing techniques will increase the identification of genetically caused cerebral palsy cases.
A new study reveals that persistent musculoskeletal pain is common among car crash victims, affecting nearly 70% six weeks post-accident. Most victims who develop persistent pain do not sue, with only a minority engaged in litigation.
Canadian provinces should adopt patient charters with independent enforcement to help patients resolve concerns and complaints easily and cost-effectively. A well-designed charter can improve the quality and timeliness of care, increase accountability and reduce costly litigation.
The article proposes three areas of legal liability for ghostwriters: reliance on false safety and efficacy data, inducing government reimbursement under false pretenses, and anti-kickback statute violations. Guest authors' participation in ghostwritten articles may also lead to claims of fraud on the court against pharmaceutical compa...
A Journal of the American College of Surgeons study found that malpractice lawsuits against US surgeons can lead to depression, stress, and professional dissatisfaction. The study also showed that surgical specialties such as neurosurgery and cardiothoracic surgery report high rates of malpractice lawsuits.
Recent evidence suggests that medical ghostwriting persists despite previous exposés, affecting journals like PLoS Medicine. Experts call for fundamental changes to address the issue, including increased legal liability and revised authorship guidelines.
A new study analyzed over 230,000 physician-years of coverage and found that 7.4% of all physicians faced a claim, but only 1.6% made a malpractice payment. The risk of making payment varied from around 5% in low-risk specialties to nearly 20% in high-risk specialties.
A University of Illinois law expert argues that professional athletes should negotiate employment terms at the collective bargaining table, rather than in federal court. This approach could strengthen labor peace and prevent players from exploiting the system.
Research reveals that technology companies are targeting the US International Trade Commission (ITC) over federal district courts for smart-phone patent disputes due to its speed and expertise. The ITC's specialization in patent issues and streamlined procedure make it an attractive option for companies seeking a quick decision.
A study of ghostwritten articles reveals how pharmaceutical companies like Wyeth promoted unproven hormone replacement therapy benefits and downplayed potential harms. The analysis shows that ghostwriting was used to mitigate risks associated with Prempro, a brand of menopausal hormone therapy.
A University of Michigan Health System study found black men with chronic pain experience more severe symptoms, leading to increased disability and depression. The study highlights the need for a culturally appropriate approach to caring for black men with chronic pain.
A RAND Corporation study found that reducing preventable patient injuries in California hospitals from 2001 to 2005 led to a corresponding drop in malpractice claims against physicians. The study suggests that improving safety performance in healthcare settings could benefit both providers and patients.
Providing patients with e-mail access to their surgeon appears to improve communication without affecting patient satisfaction. Most e-mails sent addressed one issue, with popular topics including general information and postoperative recovery.
Class-action lawsuits can significantly slow or halt science's ability to establish links between neurological illness and environmental factors. The authors suggest policy changes to shield scientists and their research, including enhancing privacy protections for patient data.
A recent study published in The New England Journal of Medicine suggests that nearly 70% of medical malpractice claims involve serious injury or error, contradicting common portrayals of frivolous lawsuits. However, the study also highlights significant administrative costs and lengthy processing times for legitimate claims.
A large UK radiology department produces 150,000 to 300,000 reports annually. Radiologists can identify clinically important reports and enhance patient care through effective communication of critical radiology reports. Delayed or ineffective reporting often leads to bad outcomes for patients and costly lawsuits for radiologists.
A review of history and lessons from tobacco litigation inform the evaluation of potential litigation strategies against the food industry. The authors argue that public health lawsuits can encourage food companies to improve nutritional content and change marketing practices, ultimately addressing obesity issues.
A review of 71 studies found that well-motivated, younger patients with no loss of consciousness are less likely to suffer from postconcussional syndrome. The majority of patients recover completely within three to six months, but some predictors include female gender and being involved in a lawsuit.
A court-ordered settlement has provided funding to New Jersey's Women's Heart Foundation, enabling the implementation of statewide programs targeting women at risk for heart disease. The foundation aims to introduce new care interventions and professional nursing courses that cater to the specific needs of women.
A new study found that between 83-89% of federal appellate court decisions in employment-related ADA cases favored the defendants, with plaintiffs winning fewer than 17% of their cases on appeal. Despite this, some factors such as prevailing at trial, alleging discriminatory demotion, and specific types of impairments can improve outco...