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New York Law Journal

The Missing Witness Charge in the Medical Malpractice Trial

In their Medical Malpractice Defense column, Martin Clearwater & Bell's John L.A. Lyddane and Barbara D. Goldberg write: Although the "missing witness charge" is frequently discussed and requested in cases where a party's examining physician is not produced at trial, the principle has a much broader application given the myriad factual issues presented by a medical malpractice case.
13 minute read

Daily Report Online

Panel Revives $3M Verdict in Hospital Case

A plaintiff in a wrongful death case has won reinstatement of a $3 million verdict against a hospital—but her lawyer nonetheless is bothered by the part of the opinion by the Georgia Court of Appeals that lets a physician off the hook.
8 minute read

New Jersey Law Journal

Work-Product Privilege Covers Using Experts' Prior Testimony To Impeach

Lawyers who track down an opposing expert's testimony from prior cases must disclose it during discovery but need not say which testimony they plan to use in cross-examining the expert at trial, a New Jersey appeals court says.
5 minute read

Daily Report Online

Divided Appeals Court Rejects Notion That 'Blinded Reviews' Needed for Suit Over Misread Pap Test

A divided Georgia Court of Appeals has rejected a defense attempt to restrict the sort of expert testimony that's acceptable in malpractice cases involving a common screening test for cervical cancer.
7 minute read

The American Lawyer

The Careerist: Stop Picking on Low-Ranking Law Schools!

A reader takes the Careerist to task for being too elitist about legal education.
3 minute read

Connecticut Law Tribune

Amy Goodusky: Spa Lawsuit Is Truly Hair Erasing

It was one of those days. Four hundred group emails changing the date, time, location and food preferences for a long-distance deposition; two thumbs down on a case in which the liability had heretofore looked favorable to the home team; a missing check to pay another expert reviewer; both copiers jammed at the same time; three denied motions; and I broke my French coffee press when my suit jacket caught on the handle.
4 minute read

The Legal Intelligencer

Claims Against Hospital for Sex Abuse by Doctor Not Covered by MCARE

Pennsylvania's MCARE Fund does not cover claims against a hospital for sexual abuse at the hands of a physician who practiced medicine there, the Commonwealth Court has ruled.
5 minute read

The Legal Intelligencer

Cordes v. Ass'n of Internal Med., PICS Case No. 14-0372 (Pa. Super. March 12, 2014) Wecht, J. (87 pages).

By | April 01, 2014
Jury Selection • Challenge for Cause • Appearance of Bias or Impartiality • Per Se Prejudice
4 minute read

New York Law Journal

Liability for Negligence by Pharmacies Revisited

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier of Kramer, Dillof, Livingston & Moore write: The provision of health care has never been the exclusive province of doctors, nurses and hospitals, and in recent decades the number of different professions involved in providing medically related services has seemingly grown almost exponentially. When the providers of these allied health care fields perform their functions in a negligent manner, the ramifications can be as severe as any medical malpractice.
12 minute read

New York Law Journal

Time to Amend Rule on Disbursements in Med Mal Cases

1 minute read

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