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New York Law Journal

The 'Noseworthy' Doctrine in Medical Malpractice Actions

In their Medical Malpractice Defense column, John L.A. Lyddane and Barbara D. Goldberg discuss the Noseworthy doctrine, that a plaintiff in a wrongful death action is not held to as high a burden of proof as in other actions because the deceased plaintiff is not available to recount his/her version of the relevant events, and its application in medical malpractice actions, where the decedent, even if he or she had survived, often would not have been in a position to provide any relevant information as to how the injury was caused, or whether there was a departure from accepted practice.
18 minute read

New York Law Journal

Revisiting New York Case Law on Loss of Chance: Part 1

Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write that recovery for loss of chance—the diminution of an opportunity for a better outcome after a failure to diagnose—has long been a part of the fabric of malpractice actions in New York, but surprisingly, a question has been raised in recent years as to whether New York recognizes such recovery.
28 minute read

Texas Lawyer

Houston Surgeon Wins $6.3M Defamation Verdict Against Hospital

Attorney Mike Doyle fought to admit medical peer review documents and said that evidence made all the difference in convincing a Harris County jury that the hospital conspired to wreck his client's medical practice.
6 minute read

Connecticut Law Tribune

Delayed Glaucoma Diagnosis Ends in $2.2M Jury Verdict

Two ophthalmologists testified that Opticare Eye Health Centers repeatedly failed to order a test that would have diagnosed a Connecticut woman's glaucoma, a disease that eventually caused partial blindness.
5 minute read

Connecticut Law Tribune

Navy Veteran Sues Connecticut VA for Missing Cancer Diagnosis

The lawsuit, which seeks $5 million, says the veteran's health history should have raised red flags prompting his doctor to seek a biopsy months sooner than he did.
5 minute read

New York Law Journal

Allegation Added Three Years After Filing Is OK'd

A medical malpractice plaintiff properly amended his lawsuit three years after filing to add an allegation that his gastroenterologist failed to diagnose him with appendicitis, a divided appeals court ruled.
4 minute read

The Legal Intelligencer

James-Armstrong v. Albert Einstein Med. Ctr., PICS Case No. 17-0305 (C.P. Philadelphia Feb. 10, 2017) Robins New, J. (13 pages).

By | March 16, 2017
Trial court argued that plaintiff's arguments lacked merit in her challenge to the trial court's rulings and to the jury's holding that defendants were not negligent in her medical malpractice action and argued that the judgment entered by the court had to be affirmed.
6 minute read

The Legal Intelligencer

Tillery v. The Children's Hosp. of Philadelphia, PICS Case No. 17-0334 (Pa. Super. Feb. 28, 2107) Platt, J. (26 pages).

By | March 16, 2017
Trial court properly found hospital and doctor liable for medical malpractice and awarded damages for failure to diagnose meningitis in infant brought to hospital emergency room because plaintiff's expert witnesses' opinions were properly qualified and based on the hospital record, the medical literature and their own experience. Affirmed.
6 minute read

Daily Report Online

Attorney Asks High Court to Reconsider 'Dangerous' Reversal of Dental Molestation Verdict

After the Georgia Supreme Court threw out a $3.7 million jury award to a woman who was molested while under anesthesia at a dental office, her attorneys last week filed a motion for reconsideration asserting that the unanimous decision was wrong legally and also reflected an "out of touch and dangerous view of sexual assault that does not accord with modern knowledge and understanding."
7 minute read

Daily Report Online

Stone Law Group Won Blockbuster Verdict Amid Big Changes—And Other 'On the Move' News

William Stone and his sons, Ryals and James Stone, have regrouped as The Stone Law Group and tried a big medical-malpractice case—one that Boone had initiated almost a decade ago—and won a $45.8 million jury verdict for the plaintiffs.
20 minute read

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