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When One or the Other Means Both

In some cases, even when it is clear that a health care provider was at fault, it can be challenging to prove which provider it was and how much worse the error made the patient. In this case, it was necessary to convince two different providers to contribute toward a settlement based on the risk that each might be the one found to be responsible and that the negligent act resulted in the patient’s death 6-1/2 months later.

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The Erosion of the ERISA Defense

This paper outlines legal defenses based on the federal Employee Retirement Income Security Act, how the act applies to medical negligence claims, and how court rulings have gradually eroded those defenses.

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