By Jason Grant | February 19, 2020
"Plaintiff's expert ... opined that, had decedent been given a chest X-ray prior to October 2012, the lung cancer would have been discovered before it entered Stage IV, and, thus, she would have had a greater chance of survival," the Appellate Division, First Department wrote in allowing certain claims to go forward against the Manhattan medical group and two of its physicians.
The Legal Intelligencer | News
By P.J. D'Annunzio | February 18, 2020
The Pennsylvania Superior Court has upheld an order granting a new trial in a lawsuit against Einstein Medical Center after the jury found that its care of a surgical patient was negligent, but not the cause of her injury.
By Verdict Search | February 14, 2020
A jury awards nearly $5 million to a woman who sued a mail-order pharmacy.
The Legal Intelligencer | News
By Zack Needles | February 13, 2020
"In light of the fact that the Supreme Court assumed that documents in a credentialing file are not peer review documents and in this case, the documents at issue are peer review documents, it would be helpful for the Supreme Court to grant allocatur and address this issue directly," the Superior Court panel wrote.
By Raychel Lean | February 13, 2020
Puerto Rico attorney David Efron moved to postpone arbitration when his Florida attorney withdrew at the eleventh hour citing "irreconcilable differences."
The Legal Intelligencer | News
By Max Mitchell | February 6, 2020
Justice David Wecht did not agree with the court's decision denying reconsideration and issued a strongly worded statement dissenting to the court's order.
The Legal Intelligencer | News
By Zack Needles | February 6, 2020
A Philadelphia judge has allowed a medical malpractice lawsuit to proceed against New York City's Memorial Sloan Kettering Cancer Center, finding that jurisdiction is proper in part because the claims revolve around allegedly false MRI results the hospital provided to the now-deceased plaintiff after he had returned home to Pennsylvania.
By David Gialanella | Charles Toutant | February 4, 2020
A $1.08 million settlement in a suit claiming an obstetrician failed to order additional fetal testing that would have detected a genetic disorder,…
The Legal Intelligencer | News
By Max Mitchell | February 3, 2020
"The effects of the proposed rule change on the number of medical malpractice filings and/or the value of medical malpractice payments in Pennsylvania could not be determined with any certainty."
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | February 3, 2020
The theory behind the common law "emergency doctrine" is that a person in such a situation cannot reasonably be held to the same accuracy of judgment or conduct as someone who has an opportunity to reflect, even if the decision turns out to be wrong. The need for the emergency doctrine has been called into question in recent years based on principles of comparative negligence and the ability of juries to apportion fault. As Thomas A. Moore and Matthew Gaier discuss in this edition of their Medical Malpractice column, while some states have abolished the doctrine altogether, New York has not gone so far.
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