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Law.com

'Potential to Mislead the Jury': State Appellate Court Calls for New Med Mal Trial Over Potentially Confusing Jury Instructions

"The instruction that consent need not be in writing was similarly unnecessary because consent was not in dispute. This instruction, combined with the consent instruction, had the potential to mislead the jury into believing that Ms. Harward's nonverbal action of presenting at the infusion center and submitting to treatment was sufficient to establish that she gave informed consent to receive gentamicin," Judge Michele M. Christiansen Forster wrote.
6 minute read

New Jersey Law Journal

NJ Supreme Court: Burden Not on Plaintiff to Show 'Special Reasons' to Permit Neutral Third-Party Observation of Defense Medical Exam

"A DME is also unique in our adversarial system," Justice Rachel Wainer Apter wrote for the court. "It is the only instance in which a defense expert may conduct discovery on a plaintiff without plaintiff's counsel present."
7 minute read

Daily Report Online

How We Won: 'Sympathy Was Biggest Hurdle to Overcome' in Suit Over Child's Injury

"Sympathy is always a significant factor when litigating a case involving injury to a child," said defense counsel Michael G. Frankson of Huff Powell Bailey in Atlanta.
6 minute read

The Legal Intelligencer

Montco Jury Awards $8M in Lawsuit Over C-Section Gone Wrong

'The damages were consequential because of how much attention [the jury] paid,' said Kline & Specter's Elia Robertson.
3 minute read

Daily Report Online

2 Young Lawyers, 1 Big Victory: Attorneys Secure Med-Mal Verdict

"We're young partners in this case, and tried this case by ourselves," said defense attorney Sharonda Boyce Barnes of Huff Powell Bailey in Atlanta. "It was a personal victory for us."
6 minute read

Daily Report Online

Oliver Maner and Coleman Talley Secure Defense Win in Chatham Co. Med-Mal Trial

Laura Shamp and Joshua Silk represented the wife of a man who died from septic shock after a neobladder stent removal went south.
4 minute read

Daily Report Online

An Excursion Into the 'Weird and Wacky': Ga.'s Plaintiff Lawyers Share Their 'War Stories'

Pro tip: If you're suing a defendant for fraud, check if their criminal case had the same judge.
5 minute read

Daily Business Review

What Judges Are Thinking: Attorney Convenience Rarely Matters in Venue Disputes

"The convenience of the attorneys 'is usually accorded very little, if any, weight,'" Fourth DCA Judge Alan O. Forst wrote.
4 minute read

Texas Lawyer

Post-'Roe' Texas: Unanticipated Effects of the Human Life Protection Act of 2021

Nothing in Texas' trigger law precludes a medical malpractice suit against a physician—which is precisely where it creates uncertainty.
8 minute read

Daily Report Online

Ga. Court of Appeals Rejects Inconsistent-Verdict Challenge to $8.5M Verdict

A unanimous panel voted to affirm the trial court judgment because the jury verdict could be constructed in a way that "resolves any ambiguities."
3 minute read

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