By VerdictSearch | February 3, 2022
On Jan. 12, 2017, plaintiffs' decedent Carl Jester, 50, a heavy equipment operator, died from metastatic prostate cancer. His estate claimed that his cancer and death were results of substandard treatment of his family medicine physician, Dr. Mary-Anne Ost.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | January 31, 2022
One area of statutory privilege that has implications for medical malpractice actions is that relating to hospital quality assurance review and malpractice prevention programs under Education Law §6527(3), Public Health Law §2805-j and Public Health Law §2805-m. The statutes, however, exempt from privilege statements made by a party in an action that is the subject of the review. This exception has been addressed in various appellate decisions. In their Medical Malpractice column, Thomas Moore and Matthew Gaier discuss several of the decisions.
By Jim Saunders | January 28, 2022
The debate centers on an unusual part of Florida law that involves wrongful-death claims in medical malpractice cases.
The Legal Intelligencer | News
By Justin Henry | January 18, 2022
The partner-level lawyers focus on defense of health care professionals and institutions.
New York Law Journal | Analysis
By John L.A. Lyddane | January 14, 2022
The Second Department recently decided 'Siegel v. Snyder', which broadly expands discovery of quality assurance documents and statements despite the clear statutory prohibitions. Before this error is corrected by the legislature or the Court of Appeals, it should be expected that there will be considerable activity in this area of discovery for pending malpractice cases.
By Cedra Mayfield | January 13, 2022
"Procedurally, the 11th Circuit made clear that a conditional dismissal that requires the payment of sanctions is not 'costs' under Rule 41 [of the Federal Rules of Civil Procedure]," said Atlanta defense attorney Eric J. Frisch of Copeland, Stair, Kingma & Lovell.
By VerdictSearch | December 29, 2021
In March 2016, plaintiff Scott Breegle, a man in his 50s, learned that he was suffering a multi-joint infection that had caused necrosis of his colon. He required removal of the infected area of the colon.
The Legal Intelligencer | News
By Aleeza Furman | December 29, 2021
Saylor wrote in his dissenting opinion that "the concerns of the medical community that judicial authorization of the inference will foster confusion among jurors, unduly increase the cost of medical services, and serve to undermine the quality of health care in the commonwealth ... do not seem to me to have been assessed in any meaningful fashion."
The Legal Intelligencer | News
By Allison Dunn | December 23, 2021
The Supreme Court majority said nothing about the question defense counsel posed to its musculoskeletal radiology expert—asking whether he was aware that the plaintiff "couldn't find" an expert of his own in that field—warranted a new trial.
By Raychel Lean | December 22, 2021
"Pay attention to [the prison] population as well, and to those complaints and the people who are calling your phones saying, 'My son died at this jail or my daughter was not provided medical care.' They're people too, and they count and they matter," Leesfield Scolaro partner Thomas Scolaro said.
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