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Daily Business Review

Florida Supreme Court Strikes Med Mal Damages Caps for Pain and Suffering

The 4-3 decision finds the cap violates the Florida Constitution's equal protection clause, but dissenters attack the majority for stepping on the Legislature's toes.
5 minute read

The Recorder

D. L. v. Vassilev

9th Cir.; 15-15542 The court of appeals reversed a district court judgment. The court held that the prior dismissal of a federal case, due to the plaintiff’s…
3 minute read

New York Law Journal

Revisiting New York Case Law on Loss of Chance: Part 2

Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: In addition to delays in diagnosing cancer, cases involving delays in diagnosing or treating cerebral vascular accidents such as strokes or bleeds commonly give rise to claims for loss of chance.
13 minute read

Daily Report Online

Columbus Jury Clears OB/GYN of Liability in Newborn's Death

A jury in Columbus cleared an obstetrician of liability in the death of an infant who died when his shoulder and body became lodge inside the mother…
6 minute read

The Legal Intelligencer

Clarion County Jury Awards $2 Million in Urinary Med Mal Suit

A woman alleging she's suffering the effects of shoddy installation of a urinary sling was awarded $2 million by a Clarion County jury.
4 minute read

Daily Report Online

Gwinnett Jury Awards $3.1M to Woman for Delayed Spine Diagnosis

A woman who claimed an emergency room doctor's failure to provide prompt treatment for nerve damage caused by a ruptured disk and left her permanently incontinent and unable to work was awarded a post-apportionment verdict of more than $3.1 million by a Gwinnett County jury.
11 minute read

Daily Report Online

Gwinnett Jury Awards $3.1M to Woman for Delayed Spine Diagnosis

A woman who claimed an emergency room doctor's failure to provide prompt treatment for nerve damage caused by a ruptured disk and left her permanently incontinent and unable to work was awarded a post-apportionment verdict of more than $3.1 million by a Gwinnett County jury.
5 minute read

Daily Report Online

Supreme Court Sides With Doctor Over Surprise Witness in Med Mal Case

The Georgia Supreme Court reversed the Court of Appeals Tuesday and resurrected a defense verdict in favor of a doctor in a medical malpractice trial that turned on a surprise witness.
7 minute read

The Legal Intelligencer

Hoffman v. Makhoul, PICS Case No. 17-0798 (Pa. Commw. May 5, 2017) Colins, J. (11 pages).

Alleged malpractice in the treatment of a prisoner was insufficient to establish a claim for violation of the Eighth Amendment's prohibition on cruel and unusual punishment where allegations failed to establish defendants acted with deliberate indifference to serious medical needs. Orders of the trial court affirmed.
6 minute read

The Legal Intelligencer

Mitchell v. Shikora, PICS Case No. 17-0806 (Pa. Super. May 5, 2017) Musmanno, J. (12 pages).

Trial court erred in denying appellant's motion in limine and allowing evidence of "known risks and complications" in appellant's medical negligence action because evidence of the risks and complications of a surgical procedure were irrelevant in determining whether the doctor acted within the applicable standard of care and the evidence was likely to mislead or confuse the jury. Reversed.
5 minute read

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