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New York Law Journal

The Professional Reliability Exception to the Hearsay Rule (Part Two of Two)

The first half of this series, addressing the historical development of the law in New York on the professional reliability exception to the rule against hearsay, was published on Sept. 18, 2023. This second segment discusses how the professional reliability exception has been applied to the process of medical malpractice adjudication.
7 minute read

Daily Report Online

Divided High Court Ruling Preserves Med-Mal Status Quo—but for How Long?

"We recognize that the comments made by Justice Pinson in his concurrence leave open the possibility of future litigation related to this issue," said appellee counsel Page Powell Jr. of Huff Powell & Bailey.
8 minute read

Daily Report Online

DeKalb Jury Returns $38.6M Verdict Against Emory After Teen's Death

"The crux of the case was the failure to obtain a chest CT [scan] after the placement of the mechanical heart pump and before the heart transplant over a year later," said plaintiff counsel Lee Gutschenritter of Finch McCranie in Atlanta.
8 minute read

New Jersey Law Journal

Mother Permanently Injured in Epidural Injury Settles For $13.5 Million in Middlesex

A woman who was left partially paralyzed after childbirth agreed to a $13.5 million settlement in her Middlesex County suit, Mejia v. Robert Wood Johnson University Hospital.
3 minute read

Law.com

Judge Rejects Health Care Recruiter's Bid to Be Dismissed From Lawsuit Over Independent Contractor's Alleged Negligence

A federal judge in West Virginia is allowing a widow's medical malpractice suit to proceed against a temporary staffing and recruiting agency for…
4 minute read

Connecticut Law Tribune

Litigants Plan to Donate Any Award From Wrongful-Death Lawsuit

"One of the biggest tragedies is when a parent loses a child, and in this case, these are parents who did everything they could," Ernie Teitell, one of the attorneys for the plaintiff, said. "They don't want this to happen to another family."
3 minute read

The Legal Intelligencer

Facing Sympathetic Plaintiff and Millions in Economic Damages Alone, Doctor Nets Defense Win in Phila. Court

The case stemmed from the death of Tiffany Allen at age 36 allegedly as a result of an improper cocktail of off-label weight-loss drugs.
4 minute read

The Legal Intelligencer

Citing Months-Old 3rd Circ. Ruling, Judge Denies Feds' Motion to Dismiss Med Mal Suit on Procedural Grounds

"The Maryland procedural requirements at issue are neither elements of a malpractice claim nor rules defining a negligence cause of action, but instead are pre-pleading 'barrier[s] to entry meant to weed out malpractice claims,'" said the court.
6 minute read

The Legal Intelligencer

Temple Health Responds to $30M Med Mal Defeat With Reinvented Defense Strategy

John Ryan, general counsel of Temple University Health System, called the hospital's recent loss, "disappointing but not surprising," and said, "We were not putting our best foot forward with the quality of lawyering."
6 minute read

New Jersey Law Journal

Appellate Division: Trial Court Misapplied Learned Intermediary Doctrine to Med Mal, Strict Liability Claims Against Pharmacies

The New Jersey Appellate Division sided with the father of a girl who died of a drug overdose in his claim filed against several New Jersey pharmacies, finding that it was error to preclude consideration of the plaintiff's claims under the learned intermediary doctrine.
4 minute read

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