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Firm Publications

James Walker Smith

  • Hospital Liability, published by Law Journal Seminars-Press in 1985 and updated semiannually.
  • “Certain State Laws Held Not Pre-Empted by Medical Device Amendments (MDA),” New York Practice Guide:  Negligence, Matthew Bender (Nov. 1996);

  • “The Second Department Limits Damages for AIDS Phobia to Six Months,” New York Practice Guide: Negligence, Matthew Bender (Dec. 1996);

  • U.S. Supreme Court Looks at Compensatory Damages,” New York Practice Guide:  Negligence, Matthew Bender (Oct. 1996);
  • “The Supreme Court and Punitive Damages,” New York Practice Guide: Negligence, Matthew Bender (Sept. 1996);

  • “Court of Appeals Upholds Distinction Between Strict Products Liability and Breach of Implied Warranty in a Design Defect Case,” New York Practice Guide: Negligence, Matthew Bender (July 1996);

  • “Class Actions in Mass Tort Litigation: Balancing Basic Fairness and Judicial Economy,” New York Practice Guide: Negligence, Matthew Bender (Sept. 1995);

  • “Liability Concerns Arising Out of Care for Psychiatric Patients,” New York Practice Guide: Negligence, Matthew Bender (June 1995);

  • “Fear-of-Disease Claims: Are They Compensable?” Medical Malpractice Law & Strategy (February 1995);

  • “Defective Products in the Health Care Setting,” New York Practice Guide: Negligence, Matthew Bender (Jan. 1995);

  • “Emerging Trends in Theories of Hospital Liability,” New York Practice Guide: Negligence, Matthew Bender (Dec. 1994);

  • “The Direct and Cross Examination of a Doctor,” New York Practice Guide: Negligence, Matthew Bender (Nov. 1994);

  • “A Direct Plaintiff’s Claim for Fear of Disease,” New York Practice Guide: Negligence, Matthew Bender (Oct. 1994);

  • “Fear Claims,” Health Link, Willis Corroon (2nd Quarter 1994);

  • “EMTALA: Hospital Liability for Admissions and Discharges,” New York Practice Guide: Negligence, Matthew Bender (February 1994);

  • “Litigating the Manufacturer’s Case,” Litigating Asbestos Claims in the 1990s, Federal Publications, Inc. (seminar course book) (4th ed.) (1992);

  • “Theories of Hospital Liability,” Medical Malpractice Law & Strategy (April 1992);

  • “AIDS: Employee Privacy vs. Patients’ Right to Know,” Medical Malpractice Law & Strategy (Oct. 1991);

  • “Hospital Liability for HIV Transmission,” Medical Malpractice Law & Strategy (June 1991);

  • “Informed Consent and Refusal of Medical Treatment,” IV Journal for The Expert Witness, The Trial Attorney and The Trial Judge  (Fall 1989);

  • “Hospital Corporate Liability,” The New York Law Journal, p. 1, 8/23/83 .


 
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