New York Law Journal | Analysis
By John L.A. Lyddane | May 14, 2018
Medical Malpractice Defense columnist John L.A. Lyddane writes: Section 1:75 of the Pattern Jury Instructions suggests by its very existence that the jury's attention should be drawn to what we commonly refer to as the “missing witness.” The very title of that section, which includes “Failure to Produce Witness,” has a pejorative tone. Why should the decision of counsel not to call a particular witness be termed a “failure” to do so when the determination of whose testimony is required is such a complex and subjective judgment?
New Jersey Law Journal | Analysis
By Edward Grossi | May 14, 2018
The enforceability of arbitration agreements between nursing homes and their residents is a fact-driven inquiry and implicates important policy considerations related to public safety that are not found in the typical dispute over an arbitration provision.
By Charles Toutant | David Gialanella | Michael Booth | May 7, 2018
A Union County jury awarded $4.5 million on April 6 in a medical malpractice suit, Ayala v. Friedlander, M.D., over errors in a man's spinal surgery.But…
By Charles Toutant | Michael Booth | April 30, 2018
The plaintiff's recovery in the case is limited to $18.3 million because the jury apportioned fault to a defendant who had previously settled.
Connecticut Law Tribune | News
By Michael Marciano | April 27, 2018
Thomas D. Colin has rejoined the Greenwich law firm he co-founded after retiring as a Superior Court judge.
Connecticut Law Tribune | Best Practices|Commentary
By Shaun Patrick Willis | April 26, 2018
It is imperative that we not only understand the elements necessary to prosecute or defend a claim of medical malpractice, but that we are also able to identify and apply the specific facts of a case to those elements, proving that each one exists.
By Greg Land | April 24, 2018
The case involved a 12-year-old boy whose itching, reddened right eye deteriorated over a period of weeks until it lost sight and atrophied. He must now wear a prosthesis over the shrunken eyeball.
Connecticut Law Tribune | Expert Opinion
By Harry N. Mazadoorian | April 24, 2018
Finding more effective ways to address and resolve medical malpractice claims has dogged the legal and medical community for decades.
By Greg Land | April 16, 2018
The Georgia Court of Appeals ruled a post-apportionment award for past medical bills with no other damages was "so clearly inadequate as to be inconsistent with the preponderance of the evidence," and required a new trial on damages and liability.
By Michael Booth | April 10, 2018
A New Jersey appeals court has ruled that a medical malpractice plaintiff prevented from testifying at his civil trial based on the potential prejudice his cognitive impairments might have had on the defendant doctor is entitled to a new trial.
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