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Daily Report Online

Med-Mal Jury Clears Doctors in Case of Boy Who Lost Eye to Inflammation

The case involved a 12-year-old boy whose itching, reddened right eye deteriorated over a period of weeks until it lost sight and atrophied. He must now wear a prosthesis over the shrunken eyeball.
5 minute read

Connecticut Law Tribune

ADR, Meet EDR: An Emerging New Model for Resolving Medical Malpractice Claims

Finding more effective ways to address and resolve medical malpractice claims has dogged the legal and medical community for decades.
6 minute read

Daily Report Online

Appeals Court Orders New Trial Finding Meager Med-Mal Award a 'Shock to Conscience'

The Georgia Court of Appeals ruled a post-apportionment award for past medical bills with no other damages was "so clearly inadequate as to be inconsistent with the preponderance of the evidence," and required a new trial on damages and liability.
6 minute read

New Jersey Law Journal

Disabled Med Mal Plaintiff Barred From Witness Stand Gets New Trial

A New Jersey appeals court has ruled that a medical malpractice plaintiff prevented from testifying at his civil trial based on the potential prejudice his cognitive impairments might have had on the defendant doctor is entitled to a new trial.
3 minute read

New Jersey Law Journal

Justices Consider Fee Petition That Followed High-Low Settlement

The New Jersey Supreme Court is considering whether a medical malpractice plaintiff who took the rare step of seeking counsel fees under the offer-of-judgment rule, even after entering a high-low agreement that was silent on the issue, may recover such fees.
4 minute read

The Legal Intelligencer

Patient Safety Protections Require Hospitals to Strictly Comply With Mandated Protocols

The Medical Care Availability and Reduction of Error (MCARE) Act, 40 Pa. C.S. Section 1303.101, et. seq., contains provisions which create an institutional “patient safety” process, and provides protections—contained in Section 1303.311— that afford to health care institutions the ability to report and investigate “serious events or incidents,” and develop and implement solutions to systemic patient safety problems that may lead to future “serious events or incidents” discovered thereby, free from concern about exposure during litigation discovery.
7 minute read

New York Law Journal

Med Mal Plaintiffs Got Fair Trial Despite Lawyer's Contempt Charge, Panel Rules

“A trial court has broad authority to control the courtroom," the panel wrote.
3 minute read

Daily Report Online

Douglas Jury Clears Doctor, Hospital of Negligence, Deadlocks on Med-Mal

The jurors cleared WellStar Douglas Hospital and a radiologist of negligence in the death of a woman whose breast cancer went undetected but set up a new trial for a medical malpractice claim against the hospital.
5 minute read

National Law Journal

Ariz. Jury Awards $3.6M in First Bellwether Trial of Bard IVC Blood Filters

A federal jury in Arizona's verdict included $2 million in punitive damages against the makers of an implanted blood filter that broke apart and left fragments in a woman's heart and lodged in her artery. More than 3,000 suits have been filed against C.R. Bard over the devices.
3 minute read

New York Law Journal

Itemized Damages in Wrongful Death Actions

Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: A controversy has developed in recent years concerning the form of verdict sheets with regard to damages in wrongful death actions. Specifically, a question has arisen with respect to whether the verdict sheet should have specific interrogatories inquiring as to the wrongful death damages to be awarded to each of the decedent's distributees.
12 minute read

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