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Law.com

Appeals Court Sides With Law Firm in Legal-Mal Suit by Ex-Client Who Received $6M Settlement in Underlying Case

"Because the plaintiffs did not proffer admissible evidence on damages, summary judgment should have entered for the defendants," the court said.
6 minute read

Law.com

State Appellate Court Calls for New Trial: Omitting 'If/Then' Language From Proposed Med-Mal Jury Instruction Was Prejudicial

"Here, we agree with the estate that instruction sixteen as presented to the jury misled the jury by its phrasing. By omitting the operative 'if/then; language from the proposed instruction, the instruction transformed from an instruction asking the jury to decide whether an alternative approved method of treatment was used (which, if so found, would preclude a negligence finding) to an instruction directing the jury that Cloos did employ an alternative approved method of treatment and was not negligent," Judge Paul B. Ahlers wrote.
4 minute read

New Jersey Law Journal

Essex County Jury Returns $20.9M Verdict in Med Mal Suit Over Double Amputation

Under the offer of judgment rule, Ogunkoya and his insurance company, ProAssurance, are liable for Sapp's legal fees and expenses incurred from the time they declined the offer of judgment until the verdict was returned, pursuant to the offer of judgment rule, subject to court approval, plaintiffs lawyer John Collins said.
5 minute read

The Legal Intelligencer

Suburban Med Mal Filings Plummet as Plaintiffs Flock to Philadelphia

Obermayer partner Gary Samms said the drop-off could create a "tremendous impact" on case management down the road.
4 minute read

Texas Lawyer

Verdicts & Settlements - May Issue

These case results are reported by Texas Lawyer affiliate VerdictSearch.
5 minute read

The Legal Intelligencer

Obtaining Nonparty Medical Records Without Violating HIPAA

The need for access to someone's health information arises in the field of medical malpractice litigation. Typically, the parties to such a litigation would have access to the alleged injured party's health records by authorizations provided by said party or the party's representative.
7 minute read

New Jersey Law Journal

Court Approves $12 Million Settlement in Med Mal Case Over Fatal Allergic Reaction

A $12 million settlement in a Monmouth County medical malpractice case, and a $1.5 million settlement in a Union County auto case.
5 minute read

The Legal Intelligencer

Physician Unionization—Penn Residents, Fellows Bring Debate to Philadelphia

As the strain on health care workers imposed by COVID-19 passes, it is an open question whether Penn will be the exception or the rule for hospitals in Pennsylvania.
7 minute read

The Legal Intelligencer

Autopsy, Cremation and the Spoliation of Evidence in Wrongful Death Cases

But what happens when an autopsy is performed, in anticipation of litigation, and the body is subsequently cremated? Regardless of whether the autopsy is performed by a county coroner or an independent pathologist, I would argue that cremation of the body is tantamount to the intentional destruction of evidence in a wrongful death case.
5 minute read

The Legal Intelligencer

Choosing a Mediator for Your Medical Malpractice Case: One Size Does Not Fit All

Medical professional liability cases can be complex, expensive to prosecute and defend, trigger substantial emotions and be quite unpredictable in terms of outcome. Mediation can be particularly valuable and effective in securing acceptable outcomes for all parties. Choose wisely.
10 minute read

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