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New York Law Journal

Expert Opinion Sufficient to Defeat Summary Judgment

Summary judgment motions by defendants have become somewhat routine in medical malpractice actions. Not infrequently, the evidence and applicable standards of care offer little or nothing to justify them.
1 minute read

Daily Business Review

State Appeals Court Upholds Medical Malpractice Immunity Law

A three-judge panel of the Third District Court of Appeal rejected a series of constitutional arguments raised by attorneys for plaintiffs who alleged malpractice by University of Miami medical school doctors working at Jackson Memorial Hospital.
1 minute read

New York Law Journal

New York's 'Professional Reliability' Rule

In his Evidence column, Michael J. Hutter discusses whether out-of-court material may be the sole or principal basis for an expert's opinion.
2 minute read

The Legal Intelligencer

Judge Cuts $47M Med Mal Verdict by Half, Finding It 'Shocks the Judicial Conscience'

The judge found that even though the child suffered severe injuries, the $43.75 million award was "unsupported by the evidence and shocks the judicial conscience."
1 minute read

New Jersey Law Journal

Hospital Internal Reviews Not Discoverable in Med Mal Cases, Supreme Court Rules

The court said the Patient Safety Act was enacted to ensure that a hospital, after an adverse event, would undertake a thorough self-critical analysis in order to help prevent such incidents.
1 minute read

New Jersey Law Journal

Post-Prostate Exam Infection Leading to Double Amputation Results in $2.2M Settlement

In Wilburn v. Moss, a Neptune man has received $2.2 million as compensation for undergoing amputation of both legs after he developed an infection…
3 minute read

Daily Report Online

Defense Wins Medical Malpractice Case Over Baby's Death

A longtime medical malpractice defense attorney and a former gang prosecutor won the case for two doctors sued after a newborn baby died.
1 minute read

New Jersey Law Journal

High-Low Agreement Sets 'Hard Limit,' Court Says in Barring Additional Fee Award

The New Jersey Supreme Court ruled on Thursday that parties who enter into a high-low agreement may not later seek additional counsel fees and litigation costs unless provided for in the agreement.
1 minute read

The Legal Intelligencer

Is Telling the Truth Good for Patient Safety? Will It Reduce Errors?

Preventable medical errors are routinely covered up by health care professionals who do not always put the truth in the medical records or address poor medical care in the context of peer review. In Pennsylvania, as in most states, peer review cannot be disclosed even in litigation.
8 minute read

The Legal Intelligencer

Court: Survival Actions Accrue at Death Even for Injuries 'Short of Death'

Plaintiffs have two years from the death of their loved ones to bring survival actions alleging medical professional negligence, even if the injuries caused by the alleged negligence didn't lead to death, the Pennsylvania Superior Court has ruled.
1 minute read

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