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Daily Business Review

Compliance With Medical Malpractice Pre-Suit Requirements—What Attorneys Need to Know

The plaintiff's service of the statutorily required written corroborating affidavit of an expert in the "same specialty" as the defendant health care provider prior to the expiration of the statute of limitations precludes dismissal with prejudice of the plaintiff's medical malpractice complaint even though the affidavit was not contemporaneously served with the plaintiff's pre-suit notices of intent to initial litigation.
3 minute read

The Legal Intelligencer

$1.3M Verdict for Woman in Failure to Diagnose, Treat Stroke Case

To gain the upper hand in a seemingly defendant-friendly venue, the Beasley Firm's Lane Jubb Jr. said he and co-counsel Peter Johnsen tested a new strategy at a recent medical malpractice trial: Keep things simple and keep things lively.
3 minute read

New York Law Journal

Appeals Court: Med Mal Plaintiff Can't Revive Lawsuit After No Expert Witness Found by Eve of Trial

"Although strong public policy supports resolving cases on the merits, here, plaintiffs had more than enough time to secure an expert witness for trial," wrote the Appellate Division, First Department court.
4 minute read

Daily Business Review

Miami Jury Renders Defense Verdict, Finding Nurse Had No Reason to Disclose Failed Anesthesia Attempts

Plaintiff's counsel contended that a nurse should have told a Miami plastic surgeon about difficulties encountered during intubation.
7 minute read

The Legal Intelligencer

Legal Strategy Nets Pennsylvania Attorneys $1.3M Jury Award in Defense-Friendly Venue

"I've never seen a jury pay more attention than in this case," said Lane Jubb Jr., a partner at the Beasley Firm.
3 minute read

Daily Report Online

$200M Med-Mal Lawsuit Enters Trial for Georgia Man Left in Paralysis After Visit to Fulton Hospital

"If John had gotten the treatment he deserved in a timely manner, he would not be locked in today."
3 minute read

Law.com

State Appeals Court: Hospital Not Vicariously Liable for Negligent Actions of Contracted Employees

"Because Plaintiffs' allegations against Erlanger were that of vicarious liability and not direct liability, we hold consist with Gilreath, as did the Trial Court, that there was no genuine issue of material fact and that Erlanger is entitled to a judgment as a matter of law because the GTLA prevented Erlanger from being held vicariously liable for the actions of non-employees," Chief Judge D. Michael Swiney wrote. "Therefore, we affirm the Trial Court's grant of summary judgment in favor or Erlanger."
5 minute read

Daily Report Online

Back-to-Back Appellate Cases Challenge Constitutionality of Georgia's Punitive Damages Cap

During Supreme Court of Georgia oral arguments on Wednesday, attorneys challenged the constitutionality of statutory caps on noneconomic damages in the appeals and cross appeals of Taylor, Exr. v. The Devereux Foundation Inc. et al. and Gwinnett Operations LLC et al. v. Michelle McKinney, Administrator.
6 minute read

The Legal Intelligencer

Jury Hands Up $19.7M Verdict for Woman in Failure to Diagnose Case

A Philadelphia jury returned a nearly $19.7 million verdict Wednesday to a woman who said her primary care physician at one of the top hospitals in the state let a lesion in her spinal cord go undiagnosed for over four years.
3 minute read

The Legal Intelligencer

Defense Attorneys Brace for Impacts as Medical Malpractice Venue Rule Changes Loom

"My sense is that doctors will not change their decision-making depending on where a suit is filed," Baum said. "If they believe their conduct is defensible and they have good experts, I would encourage them to hunker down and defend their honor, their conduct and their reputation."
5 minute read

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