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Law.com

Washington High Court Says Law Limiting Medical Malpractice Claims to 8 Years Is Unconstitutional

"This decision is a win for the people of Washington, and hopefully will help inform the court's Article1, [Section] 12 analysis in other cases involving fundamental rights," Bailey told Law.com.
4 minute read

Daily Report Online

Georgia Doctor Claims COVID-19-Related Immunity in Appeal of Med-Mal Lawsuit

"[The defendant] is speciously trying to apply immunity for truly frontline workers to himself and trying to speciously apply Emory [Johns Creek Hospital]'s arbitration agreement for his conduct," plaintiff attorney Adam Malone said. "The trial court and appeals court rejected both of those arguments, [saying] they're not applicable to him."
7 minute read

New York Law Journal

$120M Medical Malpractice Verdict Said To Be Westchester's Largest

Rubinowitz represented a client who suffered irreversible brain damage as a result of what he said was a hospital's delay in diagnosing a basilar artery stroke.
3 minute read

New York Law Journal

Equitable Estoppel and Public Hospitals

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

Daily Report Online

Not 'Much Else We Could Do': Payout From $40M Bibb County Verdict Uncertain as Judge Mulls Apportionment

If that judgment doesn't fall in the plaintiff's favor, it will create a possible avenue for them to appeal.
4 minute read

Daily Report Online

'You Could See the Bone': Ga. Patient Sues Hospital Over Severe Arm Burn From MRI

"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

The Legal Intelligencer

Pa. Jury Awards $4.7M Verdict After Doctors Allegedly Fail to Diagnose 35-Year-Old's Heart Condition

"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

The Legal Intelligencer

Hospital Won't Face Convicted Murderer's Psychiatric Malpractice Claims, Pa. Supreme Court Rules

"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

Daily Report Online

How the Barnes Law Group Secured a $10M Med Mal Verdict in Fulton County

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

Law.com

Colorado Appeals Court Upholds Lifting Damages Cap to Allow Nearly $40 Million Verdict

"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

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