Balancing the Risk in Medical Products

The New York Times recently reported a dramatic increase in complaints regarding artificial hips, widely used in hip replacements. The culprit is the metal-on-metal hip implant, used in an estimated one-third of hip replacements. Serious injuries result from the deterioration of the artificial hip, which often causes fragments to break off while in the body.  The Food and Drug Administration (F.D.A.), the agency receiving the complaints, is responsible for allowing the device to enter the Continue Reading →

Healthcare Gaps

Health law is largely a matter of state law, however, many aspects are common to all jurisdictions. Licensing by state medical boards, physician malpractice liability, hospital liability, and even nurse liability. One area has seemed to slip through the cracks however: technician liability. A recent article documenting the “malpractice” of radiology technicians underscored the dangers of allowing healthcare personnel to get away without regulation or liability.  The New York Times article highlighted the dangerous practice Continue Reading →

Stage 3: The Last Stage of the Technology Life Cycle

In his paper, Res Ipsa Loquitur and Compliance Error, 142 U. Pa. L. Rev. 887 (1993-4), Mark Grady uncovers an important paradox in tort law – as defendants implement technology that makes activities safer, liability for its use increases.  Grady reaches this conclusion through analyzing the relationship between compliance error and the economic theory of negligence.  As complex technology has developed over the fifteen years that have elapsed since his paper was published, this insight Continue Reading →