New Jersey Law Journal

NJ Supreme Court Clarifies Affidavit of Merit Requirement for Doctor With Dual Specialties

"The plain language of N.J.S.A. 2A:53A-41 does not require an AOM to be from an individual with the same numerous specialties as the defending physician; instead, it requires only the same 'specialty or subspecialty' in the singular," Associate Justice Douglas M. Fasciale said.
4 minute read

Connecticut Law Tribune

'Battle of the Experts': Bridgeport Jury Awards Defense Verdict to Stamford Hospital

"The plaintiff's attorneys did a great job at trial," attorney Eric Stockman said. "It was very hard-fought, but it was done in a very professional manner. … At the end of the day, everybody could shake hands and walk out of the courtroom, head held high."
3 minute read

Daily Report Online

'Didn't Notice Patient Wasn't Breathing': $13.7M Verdict Against Anesthesiologists

Bibb County State Court jurors have returned a $13.7 million medical malpractice verdict against a pair of anesthesiologists whose alleged breached standard of care contributed to the death of a patient.
12 minute read

Law.com

Med Mal Defense Win Stands as State Appeals Court Rejects Arguments Over Blocked Cross-Examination

Both defendants had testified that they switched antiseptics following the incident as a way of "practicing defensive medicine."
5 minute read

New York Law Journal

Judicial Admissions and Medical Malpractice Defense

The author writes "In a civil action, the admissions by any party of any fact material to the issues are always competent evidence against the party wherever, whenever or to whomsoever made. Reed v. McCord. 160 NY 330, 341 (1899). This common law principle has been codified as CPLR 4549. Although much has recently been written regarding the expansion of the allowable admissions of employees against their employers, that subject is not treated here."
10 minute read

Connecticut Law Tribune

'Every Single Judge on Board': First-Impression Case Revived

The fertility fraud case alleges that Dr. Narendra Tohan used his own sperm to inseminate patients.
3 minute read

Connecticut Law Tribune

Discovery Seeks to Link Yale University to Doctor in Fertility Scandal

"Maybe they thought that they would never be held accountable for it. But now, people are learning about it, and they're understandably very upset and deserve justice," claimed plaintiff counsel Matt Blumenthal of Koskoff, Koskoff & Bieder.
4 minute read

Law.com

'Self-Diagnosed Nickel Allergy' Fails to Find Success in Med-Mal Suit, 8th Circuit Rules

The court affirmed the U.S. District Court for the Eastern District of Missouri's decision, concluding the plaintiff failed to create a genuine dispute of material fact regarding causation as she failed to provide admissible medical evidence showing she had a nickel allergy.
5 minute read

New Jersey Law Journal

How a C-Section 'Scheduling Error' Led to a $17M Settlement

"I was steadfast in my argument that, as complex as the medicine surrounding placenta accreta spectrum may be, this case really boiled down to a scheduling error," Daryl L. Zaslow of Eichen Crutchlow Zaslow said.
3 minute read

Law.com

High-Low Settlement Agreement 'Does Not Alone Establish Bias:' State High Court Affirms $20M Med Mal Verdict

"In the instant case, it appears Hanlon sought to cross-examine Loucraft regarding the high-low agreement, claiming it biased him and caused him to change his testimony. How his testimony changed, or why it would change based on a high-low agreement, is, however, not in any way evident based on the trial court record," Justice Scott L. Kafker said.
5 minute read

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