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New York Law Journal

Res Ipsa Loquitur and Medical Malpractice Defense

When an unexplained injury occurs in an area remote from the operative field while a patient is anesthetized, the doctrine of res ipsa loquitur may support an inference and will be considered in whether a prima facie case has been established.
8 minute read

The Legal Intelligencer

Philadelphia's Med Mal Filings Hit 15-Year High in 2023

According to court data, Philadelphia saw a 33% surge in medical malpractice filings in 2023 compared to the 2017-19 average.
3 minute read

The Legal Intelligencer

There's a Break in Sight for Phila. Lawyers Grappling With Jam-Packed Med Mal Trial Schedules

The Philadelphia Court of Common Pleas' densely packed medical malpractice trial scheduling that took off last year is on track to calm down by the second half of 2024, according to Administrative Judge Daniel Anders.
5 minute read

The Legal Intelligencer

Strive Mightily, but Maintain Your Civility

The Rules of Professional Conduct mandate that we exhibit candor to the tribunal (Rule 3.3) and act with fairness toward an opposing party and their counsel (Rule 3.4). But following these rules should be considered the bare minimum.
5 minute read

The Legal Intelligencer

Pa. Judge Cites Plaintiffs' Counsel in Halving $19M Nursing Home Verdict

The case was filed on behalf of the estate of 70-year-old Patricia O'Donnell who allegedly died as a result of improper care at the nursing facility in which she lived.
4 minute read

Daily Report Online

Medical-Malpractice Plaintiff Seeking $9M Moves for New Trial After Gwinnett County Defeat

"We were truly shocked with the defense verdict. The trial went about as well as we could have hoped. We have a wonderful client, an excellent expert witness, and I thought we scored the points we needed to make in cross-examination of the defendant," plaintiff's attorney Robert Lamar said.
5 minute read

Daily Report Online

Atlanta Law Firm Missed Lawsuit Deadline and Settled Without Consent, Doctor's Suit Alleges

Ringgold physician Dr. Charles Adams is seeking what his lawyer said is "millions" in actual damages and $5 million in punitive damages.
4 minute read

Law.com

Tennessee Court Reinstates Some of Plaintiff's Med Mal Claims Due to Ongoing Treatment

"From our reading of Mr. Vandergriff's complaint, several of the alleged actions and inactions that constituted the purported medical malpractice in the present case occurred after [April 14]," the appeals judge wrote. "The statute of limitations does not serve as bar to his lawsuit as to those incidents because Mr. Vandergriff filed his lawsuit within a year of their occurrence."
4 minute read

The Legal Intelligencer

Jury Awards $14M Verdict in Plaintiffs' Second Bid to Try Wrongful Death Claims Against CHOP

CHOP had previously evaded liability in the case, over the death of a 4-year-old boy, when a 2020 trial ended in a nonsuit in its favor.
3 minute read

New Jersey Law Journal

Single AOM for Multiple Entities Results in Dismissal of Vicarious Liability Claim Before Appellate Division

"Here, it is not possible to identify any Alaris Health nurses who Kotz asserts were negligent because the AOM refers generally to the entire Alaris Health nursing staff over an extended period and indiscriminately combines the nursing staffs of two separate facilities," Judge Robert M. Vinci said.
4 minute read

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