Poor prognosis: medical releases may not have long to live as malpractice shields

Article Abstract:

The unconscionable contract doctrine is eroding the value of medical release forms as a means of preventing medical malpractice suits. This doctrine renders oppressive adhesion contracts to be invalid. Courts have applied it to release forms, since these are often signed by patients under stress. The relative powerlessness of the patient to negotiate other terms, coupled with the dominant advantages enjoyed by medical care providers, can be interpreted as making these release forms unconscionable.

Laws, regulations and rules, Informed consent (Medical law), Informed consent, Contracts, Unconscionable, Unconscionable contracts

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Equalizing the competition: covenants that restrain trade are enforceable when 'reasonable.'

Article Abstract:

Lawyers should be careful when examining or drafting business clauses on liquidated damages or covenants that restrain competition. These covenants typically concern hiring, building construction or selling the firm. Case law provides five guidelines for deciding when such covenants are reasonable and therefore enforceable. Potential traps occur if the covenants are too powerful, possibly to give legal cause to plaintiffs.

Cases, Restraint of trade, Covenants, states

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Getting down to business; strategic plans help lawyers and clients reach best-scenario outcomes

Article Abstract:

Defendants in medical malpractice cases want cost-effective defense from their attorneys and this may include a business plan with the most cost-effective way of achieving an acceptable case outcome. The strategic business plan also sets forth who will the people to do parts of the case , what each activity will cost and how it will be measured.

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