By Greg Land | June 2, 2021
Presiding Judge Stephen Dillard wrote that Emory Healthcare's practice of presenting patients with admissions forms including an "ostensibly indefinite arbitration agreements" cannot bind those who don't sign subsequent forms.
By Raychel Lean | June 1, 2021
"Have an open ear. When people come up with a legal problem, any legal problem, hear them out and see if you can help," Cook said.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | May 28, 2021
Last spring, when New York was the epicenter of the COVID-19 pandemic, Medical Malpractice columnists Thomas A. Moore and Matthew Gaier wrote a series of articles focusing on two issues affecting malpractice litigation that flowed directly from the state's response—immunity to health care professionals and facilities, and the toll on the statute of limitations. Both of those matters have undergone modifications over the past year. Those changes and their impact are the subject of today's column.
By VerdictSearch | May 27, 2021
In March 2017, plaintiff Kevin Takacs, a man in his 60s, was diagnosed with stage-IV esophageal cancer. Takacs claimed that his cancer developed because he received substandard care from his family physician, Barry Follweiler.
The Legal Intelligencer | News
By Max Mitchell | May 21, 2021
Pennsylvania's MCARE insurance law precluded the federal government from insisting on a "reversionary trust," which would have required the return of settlement funds unused for medical treatment.
New York Law Journal | Analysis
By John L.A. Lyddane | May 21, 2021
In his Medical Malpractice column, John L.A. Lyddane discusses the cause-in-fact defense, which is describes as underemployed in medical malpractice cases tried in New York courts. The distinction between cause-in-fact, also referred to as "actual cause", and proximate cause is frequently important enough to present this defense opportunity for the malpractice defendant where situationally appropriate.
New Jersey Law Journal | Analysis
By Richard J. Talbot and Abbott Brown | May 20, 2021
The Appellate Division recently provided a roadmap for proving a claim and obtaining an award of attorney fees pursuant to the New Jersey Nursing Home Responsibilities and Residents' Rights Act.
New Jersey Law Journal | Commentary
By Abbott Brown | May 14, 2021
The handling of malpractice cases would be much more efficient if defendants were required to provide an affidavit from a qualified expert early on in the case stating, under oath, that the treatment at issue complied with the standard of care.
New Jersey Law Journal | Analysis
By New Jersey Law Journal | May 10, 2021
This special section includes articles on: the intersection of medical specialties and the affidavit of merit; the standard for assessing medical causality; vicarious liability and alleged medical negligence by an unlicensed person; piercing charitable immunity; and new lung cancer screening guidelines.
New Jersey Law Journal | Analysis
By Armand Leone Jr. and E. Drew Britcher | May 7, 2021
When a primary care physician fails to appropriately document smoking history and/or fails to offer lung cancer screening to eligible patients today, such conduct falls below the standard of care.
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