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October 2009 Newsletter |
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 | The Impact of Electronic Medical Records on the Future of Medical Malpractice Litigation
By KATIE McSWEENEY, ESQ. |
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President Obama has made the adoption of electronic medical records (commonly known as "EMRs") one of the central themes of his Administration's ongoing effort to modernize health care in the United States. In fact, although only approximately 8% of the country's 5,000 hospitals and 17% of its 800,0001 physicians currently use EMRs, President Obama has set a firm goal that all of the nation's medical records be computerized by 2014. Recent legislation has been aimed at furthering this goal, for example the recently passed American Recovery and Reinvestment Act which, inter alia, will provide federal subsidies of up to $44,000 for physicians who demonstrate meaningful use of EMRs by 2011.2
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| Tobacco II: A Victory for California Consumers in the Class Action Context
By ABI GNANADESIGAN, ESQ. |
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On May 18, 2009 in a 4-3 decision, the California Supreme Court ruled in In re Tobacco II Cases, 46 Cal.4th 298 (2009), marking a victory for consumers by reinterpreting Proposition 64 to increase flexibility in consumer class action lawsuits. In this case, popularly referred to as Tobacco II, the Court revived a class action lawsuit against the tobacco industry that was decertified by the lower courts. Plaintiffs in this case brought suit against the tobacco industry alleging deceptive advertising by suggesting some brands of cigarettes posed a lesser harm than others.
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| Prison Litigation Reform Act: Exhaustion of Administrative Remedies: 42 U.S.C. §1997e (a)
By DEBORAH KHANTAMOUR, ESQ. |
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A California inmate filed a civil rights lawsuit because he complained about his peanut butter and jelly diet. Another inmate brought suit because he claimed that prison officials implanted his brain with a tracking device linked to Zargon alien intelligence. Another inmate brought suit because during a prison riot, his Gideon Bible was destroyed.
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