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The Legal Intelligencer

Mercer County Jury Awards $5M in Med Mal Death Case

A Mercer County jury has awarded more than $5 million to the family of man who died following a hip replacement surgery.
7 minute read

New Jersey Law Journal

Wrongful Death Cases Revisited: Not Every Mistake is Fatal

There are three cases holding that the "technical mistake" of not obtaining both general letters of administration and letters of administration ad prosequendum can be cured at any stage of the litigation.
5 minute read

The Legal Intelligencer

Blood-Transfusion Refusal Dooms Jehovah's Witness' Med Mal Suit

A Jehovah's Witness' repeated written and verbal refusal to allow doctors to perform a blood transfusion prior to her death prevents her estate from proceeding with a medical malpractice lawsuit, the Pennsylvania Superior Court has ruled.
7 minute read

The Legal Intelligencer

Court Nixes $4.7M Med Mal Award, Calls for New Damages Trial

The Pennsylvania Superior Court has reversed a $4.7 million verdict awarded to a guitarist who alleged the burn unit at Temple University Hospital failed to properly treat him for exposure to hydrofluoric acid, requiring him to have portions of two of his fingers amputated.
4 minute read

The Legal Intelligencer

Glasgow v. Ducan, PICS Case No. 17-1077 (C.P. Philadelphia Jun. 29, 2017) Robinson, J. (36 pages).

In this professional negligence case, a doctor and nurse who testified on behalf of plaintiff were properly qualified as expert witnesses. Damages for lost wages and past medical expenses were warranted under the facts. Affirmed.
3 minute read

New Jersey Law Journal

Smith v. Datla

Unauthorized Disclosure of Medical Information Constituted Injury to Requestor of Application of Two-Year Limitations Period
3 minute read

New York Law Journal

Defending Against the Continuous Treatment Doctrine

Medical Malpractice Defense columnists John L.A. Lyddane and Barbara D. Goldberg discuss continuous treatment and exploring the intent and beliefs of the patient at deposition to establish whether the statute of limitations should be tolled.
8 minute read

Daily Report Online

Huff Powell Lawyers Pull Defense Win for Doctors in Fatal Med-Mal Case

A Fulton County jury found no liability for two doctors who were accused of failing to follow up on masses detected in a man's kidney several years before he ultimately developed a fatal renal cancer.
7 minute read

New Jersey Law Journal

2-Year Time Limit Applies to Wrongful Disclosure of HIV Status

A two-year statute of limitations applies to an HIV-positive patient who claims one of his doctors improperly disclosed his medical status to a third party without his consent, a New Jersey appeals court has ruled.
4 minute read

The Legal Intelligencer

Shinal v. Toms, PICS Case No. 17-0965 (Pa. June 20, 2017) Wecht, J.; Todd, J., concurring and dissenting; Baer, J., dissenting. (53 pages).

Trial court erred in instructing jury to consider information that defendant physician's qualified staff provided to plaintiff-patient, because a physician could not delegate duty to provide information sufficient to obtain patient's informed consent. Judgment reversed, case remanded for new trial.
4 minute read

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