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Correspondence
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Volume 360:2257-2258 May 21, 2009 Number 21
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Preemption and Malpractice Liability

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 by Kesselheim, A. S.
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To the Editor: In their Perspective article about the Supreme Court, preemption, and malpractice liability (Feb. 5 issue),1 Kesselheim and Studdert suggest that preemption will not result in more malpractice claims against physicians for failure to warn, which they say are uncommon and financially unattractive to plaintiff's attorneys. I hope they are correct but have yet to find a plaintiff's attorney who agrees with them.

In 2008, the U.S. Supreme Court ruled in Riegel v. Medtronic2 that a product-liability lawsuit brought against Medtronic in a state court was preempted because the device (an angioplasty catheter) had received marketing approval from . . . [Full Text of this Article]




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