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.
By Michael Booth | April 9, 2018
The New Jersey Supreme Court is considering whether a medical malpractice plaintiff who took the rare step of seeking counsel fees under the offer-of-judgment rule, even after entering a high-low agreement that was silent on the issue, may recover such fees.
The Legal Intelligencer | Commentary
By Andrew Ralston | April 6, 2018
The Medical Care Availability and Reduction of Error (MCARE) Act, 40 Pa. C.S. Section 1303.101, et. seq., contains provisions which create an institutional “patient safety” process, and provides protections—contained in Section 1303.311— that afford to health care institutions the ability to report and investigate “serious events or incidents,” and develop and implement solutions to systemic patient safety problems that may lead to future “serious events or incidents” discovered thereby, free from concern about exposure during litigation discovery.
By Jason Grant | April 5, 2018
“A trial court has broad authority to control the courtroom," the panel wrote.
By Greg Land | April 4, 2018
The jurors cleared WellStar Douglas Hospital and a radiologist of negligence in the death of a woman whose breast cancer went undetected but set up a new trial for a medical malpractice claim against the hospital.
By Greg Land | April 2, 2018
A federal jury in Arizona's verdict included $2 million in punitive damages against the makers of an implanted blood filter that broke apart and left fragments in a woman's heart and lodged in her artery. More than 3,000 suits have been filed against C.R. Bard over the devices.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | April 2, 2018
Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: A controversy has developed in recent years concerning the form of verdict sheets with regard to damages in wrongful death actions. Specifically, a question has arisen with respect to whether the verdict sheet should have specific interrogatories inquiring as to the wrongful death damages to be awarded to each of the decedent's distributees.
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