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Big verdicts, analysis of important decisions and trends
By Thomas A. Moore and Matthew Gaier | December 4, 2023
When notice of a medical malpractice claim is not filed timely and the statute of limitations to bring a motion for permission to serve a late notice of claim expires, a court is not required to grant relief. The only avenue for a claimant who failed to file timely may be to argue the municipal defendant should be equitably estopped from seeking dismissal. The application of this doctrine to notices of claim and municipal hospitals is the subject of this article.
16 minute read
By Alex Anteau | November 29, 2023
If that judgment doesn't fall in the plaintiff's favor, it will create a possible avenue for them to appeal.
4 minute read
By Everett Catts | November 28, 2023
"His arm was too close to the inside of the bore wall, and the machine was not set to the appropriate power to prevent him from burning in that position," plaintiff attorney Alex Weatherby said.
4 minute read
By Riley Brennan | November 28, 2023
"This was a hard-fought case on the medicine. We feel that the verdict reflects that the jury was more critical of [the defendants,] as this was the second visit to a doctor's office in a week's time with chest pain complaints without coronary artery disease having been ruled out by further cardiac testing," said Daniel Jeck of Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck.
5 minute read
By Max Mitchell | November 22, 2023
"Allowing the recovery of damages from a mental healthcare provider for a patient's criminal conduct could undermine trust between the patient and psychiatrist," Justice Debra Todd said.
4 minute read
By Alex Anteau | November 20, 2023
According to plaintiff's counsel Mark Meliski, the defense's strategy posed one of the greatest challenges throughout the litigation process—especially once their codefendant admitted negligence a couple of weeks before trial.
5 minute read
By Colleen Murphy | November 20, 2023
"C.G.'s parents are thankful that the Court of Appeals upheld both the attentive Weld County jury's verdict and the district court's rulings in a detailed, timely, and well-reasoned fashion," the plaintiffs' counsel, Zachary Wool of Barrios Kingsdorf & Casteix in New Orleans, in a statement via email to Law.com.
7 minute read
By John Lyddane | November 20, 2023
The first half of this series, addressing the historical development of the law in New York on the professional reliability exception to the rule against hearsay, was published on Sept. 18, 2023. This second segment discusses how the professional reliability exception has been applied to the process of medical malpractice adjudication.
7 minute read
By Cedra Mayfield | November 15, 2023
"We recognize that the comments made by Justice Pinson in his concurrence leave open the possibility of future litigation related to this issue," said appellee counsel Page Powell Jr. of Huff Powell & Bailey.
8 minute read
By Cedra Mayfield | November 14, 2023
"The crux of the case was the failure to obtain a chest CT [scan] after the placement of the mechanical heart pump and before the heart transplant over a year later," said plaintiff counsel Lee Gutschenritter of Finch McCranie in Atlanta.
8 minute read
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