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Big verdicts, analysis of important decisions and trends
By John L.A. Lyddane | July 17, 2023
There are instances in which the participants in those medical procedures know what happened even if they do not specifically recall it. Courts and counsel need to be prepared to identify those instances when testimony on custom and habit is admissible and who can provide it.
8 minute read
By Aleeza Furman | July 13, 2023
"It's likely that we will see more MCARE Section 515 motions if the current trend of outsized or 'nuclear' verdicts continues," said Maureen McBride, a partner with Lamb McErlane.
5 minute read
By Aleeza Furman | July 13, 2023
A decades-long losing streak for medical malpractice plaintiffs in a northwestern Pennsylvania court broke when a jury awarded $3.25 million to a man who claimed his doctors' negligent care lost him his foot.
4 minute read
By Michael A. Mora | July 7, 2023
"There will be more litigation over expert qualifications and more time and money spent on that litigation, rather than advancing the real question, which is whether there was a medical malpractice injury," said JoNel Newman, a healthcare law and civil procedure expert at the University of Miami School of Law.
3 minute read
By Aleeza Furman | July 6, 2023
"It's one of those moments in court where you say to yourself, 'Did that just happen?'" Zajac & Padilla partner Eric Zajac said.
4 minute read
By VerdictSearch | July 6, 2023
On Feb. 26, 2021, plaintiff Eric Spang, 48, had his prostate removed during a prostatectomy. It was later discovered that Spang had been mistakenly diagnosed with advanced prostate cancer. Spang alleged the error caused him to suffer permanent sexual and urinary dysfunction.
5 minute read
By Aleeza Furman | July 5, 2023
"You cannot be deterred by stories about conservative venues," plaintiffs attorney Victor Pribanic said. "Every case is governed by the jury and the facts of the case and how it's presented."
3 minute read
By Max Mitchell | July 5, 2023
The defendants noted that in Pennsylvania the rules say "original process shall be served within the commonwealth only by the sheriff," therefore the use of a private process server was "legally improper and ineffective."
3 minute read
By ALM Staff | July 3, 2023
This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read
By Alex Anteau | June 28, 2023
Ultimately defense attorney Taylor Tribble said this was not a case that would win on compensation, but a documentation issue created a roadblock for the defense to overcome at trial.
5 minute read
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