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Daily Report Online

Jury Delivers Defense Verdict in Wrongful Death Lawsuit Over Inmate's Fatal Disease

A federal jury has issued a defense verdict in a lawsuit brought by an inmate's daughter who alleged that her father's death was due to negligence by the Rockdale County jail's nurses, medical staff, deputies and the county sheriff.
5 minute read

New Jersey Law Journal

Hall Booth Smith Imports Construction Practice in Red Bank From Dissolving Firm

The Atlanta-headquartered firm's additions mark the latest example of firms with acquisitive growth strategies benefiting from the dissolution of practices with weaker platforms.
4 minute read

Law.com

State Appeals Court Holds Patient to Arbitration Agreement Signed Upon Admission to Hospital

"When a party agrees to a non-judicial forum for dispute resolution, the party should be held to that agreement," the court said.
4 minute read

New York Law Journal

Bad Faith Claims Against Insurers

It is readily apparent that proving bad faith against an insurer for failure to settle within the policy limits is very difficult, especially in medical malpractice cases where there are usually opposing experts for each side raising questions about the defendant's liability.
14 minute read

New Jersey Law Journal

Money Judgment—Not Settlement—Needed for Contribution Claim in Medical Suit, Panel Holds

"Bowers alone agreed to the settlement amount, we reasonably assume it reflects only her portion of Hoelz's full damages, not those attributable to another joint tortfeasor's liability," the court said.
4 minute read

Daily Report Online

'A Good Result': Ga. Couple Gets $10.1M Verdict in Med-Mal Case Due to Botched Surgery

"We think they were justified in awarding at least $10 million, because she was so grievously injured by the malpractice," said Jay Sadd, a partner with Slappey & Sadd in Sandy Springs and the lead plaintiff attorney.
7 minute read

The Legal Intelligencer

Move to Give Pa. Legislature Power to Decide Venue Aims to Prevent Med Mal 'Liability Crisis,' but Could Backfire

Kline & Specter's Shanin Specter said that allowing the General Assembly to make venue decisions would only ramp up tensions between the branches of government. The measure's sponsor said he wanted to ease interbranch relations.
5 minute read

Texas Lawyer

Dallas Appeals Court Reverses Itself on Pre-Suit Med Mal Deficiencies

The state appeals court in Dallas reversed itself in an en banc ruling that revises its view of deficiencies in medical authorization forms during…
5 minute read

Law.com

In Med-Mal Case, Judge Awards Prevailing Party Less Than 4% of Requested Fees and Costs

Despite their successful representation of a physician in a medical malpractice suit in federal court, the judge overwhelmingly denied the defense attorneys' request for nearly $150,000 in fees and costs.
4 minute read

New York Law Journal

The Acoustic Neuroma Anomaly: The Need for a Legislative Fix to an Unintended Consequence of Lavern's Law in Cases Involving a Failure To Diagnose Non-Cancerous or Benign Tumors

As it stands today, and as it is unlikely to change without an act of the state legislature, a plaintiff who is the victim of blatant medical malpractice but does not become aware of it until after two-and-a-half years from the initial treatment date, will not have any recourse if the condition is not either cancer or a malignant tumor.
9 minute read

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