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Daily Report Online

Doctor Granted New Trial After $3M Wrongful Death Jury Verdict Vacated on Appeal

"We tried a great case the first time," said defense attorney Scott Bailey of Huff Powell & Bailey in Atlanta. "We think we have a good defensible case and we look forward to presenting it to another jury."
5 minute read

The Legal Intelligencer

Med Mal Discovery Dispute Raises Question of Confidentiality Protections Under MCARE

No published appellate case law has applied the confidentiality protection of Pennsylvania's medical care access law.
3 minute read

The Legal Intelligencer

Urologist Rejected Blame for Patient's Prostate Cancer

In September 2016, plaintiff's decedent Bienvenido Cuenca, 80, learned that he was suffering metastatic cancer of his prostate. Cuenca's widow, Susan Cuenca, claimed that her husband's cancer should have been diagnosed in 2015.
4 minute read

Law.com

In State's Largest-Ever Award, Iowa Jury Renders $97.4M Plaintiff Verdict in Med-Mal Case

An Iowa jury found physicians were negligent during the delivery of a baby, awarding his family $97.4 million in damages, the largest award in the state's history, the plaintiffs attorneys announced Monday.
3 minute read

New York Law Journal

Decision of the Day: Suit Against Doctor Who Submitted Uncertified Medical Records Survives Dismissal Motion

The ruling from a Bronx Supreme Court judge and a summary by the Law Journal's decisions editors can be found here.
2 minute read

New Jersey Law Journal

Failure-to-Diagnose Case Over Young Mother's Death Resolves For $1 Million

The family of a woman who died of cancer after a doctor allegedly failed to diagnose a tumor has agreed to a $1 million settlement in their Essex County…
4 minute read

The Legal Intelligencer

Doctors' Inaction Led to Patient's Fatal Cancer, Estate Alleged

On Sept. 4, 2015, plaintiff Lucretia Burgess, 48, a program director, visited a hospital. She was suffering shortness of breath. Tests revealed soft-tissue masses throughout her lungs. Burgess was ultimately diagnosed with stage-4 metastatic uterine cancer.
4 minute read

New York Law Journal

Access to Evidence and the Physician-Patient Privilege

The realities of discovery in complex cases create situations in which access to vital information is foreclosed simply because there is insufficient data to allow for an evidence-based decision.
8 minute read

Daily Report Online

Surprise Defense Expert Frowned Upon in Ruling Affirming $6.4M Birth Injury Judgment

Judge Amanda Mercier ruled that a trial court has broad discretion to sanction lawyers who surprised opponents with a new expert witness the day before the trial.
4 minute read

New York Law Journal

1st Department: 'Lavern's Law' Does Not Expand Limitations Period for Lung Cancer Patient

In a suit filed by lung-cancer patient Geraldine Ford against her former radiologist, the Appellate Division, First Department tossed out her malpractice and lack-of-informed-consent action, which has medical facts underlying it that in certain respects are similar to those in Lavern Wilkinson's matter. The law was named after Wilkinson, who died in 2013.
6 minute read

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