FDA considering expanding role of pharmacists and reducing role of physicians…really?

It appears the Food and Drug Administration (“FDA”) is seriously considering new regulations that would expand the role of pharmacists, while reducing the role of physicians, in the management and prescription of patients’ medications for chronic conditions, such as asthma.  As you can imagine, this is being seriously questioned by the AMA and other physician and patient advocacy groups. I imagine that pharmacists and pharmacies might think this a good idea — until their insurance premiums escalate due to a anticipated increase in malpractice cases against them as they assume the role of ‘gatekeeper’ of patients’ chronic medical conditions. Obviously

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Clients stressed by lawsuits? Communicate!

I came across a New York Times article that stated what, to most, would appear obvious – that litigation is stressful!  While the author, a physician, oriented her thoughts towards physicians sued in medical malpractice matters, the premise holds true for any defendant dragged unwillingly into litigation.  While we as litigators are comfortable ‘operating’ in an adverse environment, litigation to a physician can be as foreign as an operating room is to an attorney.  The key to alleviating this angst, is communication.  Any individual defendant, be it physician or layperson, would naturally be upset by being named in a lawsuit.  The visceral reaction

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Against Medical Advice – Remember CPLR Article 14.

A recent article highlights why, when a patient signs out of a hospital ‘against medical advice,’ (“AMA”) counsel defending malpractice and personal injury lawsuits must raise culpable conduct/comparative negligence as an affirmative defense when interposing Answers on behalf of their clients.  As the article discusses, a 7-year retrospective study of over 80,000 discharged patients from a major New York metropolitan hospital demonstrates that patients who leave the hospital ‘AMA’ double their chance of dying or having an adverse health outcome within 30 days of discharge.  To put it otherwise, a patient increases his risk of future damage and or death

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