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Daily Business Review

Hall Booth Defending Med-Mal Suit Alleging Elder Abuse Led to COVID-19 Infection

This lawsuit was surfaced on Law.com Radar. Read the complaint here.
1 minute read

Connecticut Law Tribune

Med-Mal Claims Against UCONN Hospital Not Barred by $2 Million CVS Settlement, State Supreme Court Says

The Connecticut Supreme Court upheld the denial of dismissal of a medical malpractice lawsuit against UCONN Health Center/John Dempsey Hospital after the plaintiff reached a $2 million settlement with CVS Pharmacy in connection with a man's death.
5 minute read

Daily Report Online

Judges Rule Emory Healthcare Cannot Compel Arbitration for a Baby's Med-Mal Case

Presiding Judge Stephen Dillard ruled that Emory Healthcare cannot force arbitration of a medical-malpractice case over an infant's death. He explained why and spelled out how the hospital could have succeeded.
3 minute read

Daily Business Review

Why Some South Florida Attorneys Are Skeptical About a Proposed Law Making Its Way to the Governor

"It is a cure in search of a problem. The statue exists supposedly to protect hospitals against frivolous claims associated with COVID-19. However, under the existing laws of the state of Florida, doctors, nurses and hospitals are already protected against such claims," attorney Peter Spillis said.
5 minute read

The Legal Intelligencer

Appellate Court: COVID-19 Pandemic Not a Reason for Missing Deadline to Serve Complaint

The plaintiff, Gerald Bellan, filed his appeal on May 26, after Philadelphia Court of Common Pleas Judge James C. Crumlish III sided with PPMC in dismissing the complaint with prejudice, finding Bellan failed to serve the hospital within a 30-day period.
4 minute read

The Legal Intelligencer

$1.8M in Delay Damages Added to $9.7M Med Mal Verdict, Rejecting Arguments Over Pandemic Court Closures

"They should not be permitted to try to hide behind COVID-19 just because the jury awarded substantially more compensation for plaintiffs' injuries than defendants were willing to offer in settlement."
4 minute read

New York Law Journal

Lost Chance for Better Outcome and Proximate Cause: Case Updates

Recent appellate division decisions have made it abundantly clear that the medical malpractice doctrine of lost chance of a better outcome is an accepted basis for recovery of substantial damages.
15 minute read

The Legal Intelligencer

Defense: Doctor, Hospital Managed Hemophiliac's Meds Properly

On June 6, 2013, plaintiff John Bukowski, 24, a nurse, underwent a hemorrhoidectomy. The procedure was performed at Moses Taylor Hospital, in Scranton. Bukowski, a hemophiliac, claimed that hematologist Dr. William Heim and the hospital did not manage his hemophilia medication properly, causing him to experience postsurgical rectal bleeding.
4 minute read

The Legal Intelligencer

Wilkes-Barre Hospital Faces Med Mal Claims Stemming From Full Intestine Resection

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read

Law.com

Federal Judge Tosses Personal Injury Firm's Challenge to Law Sealing Med-Mal Decisions

"The bottom line is this: the Maine Judiciary is routinely sealing opinions written by Superior Court justices in medical malpractice cases," Taylor Asen, a partner at the plaintiff law firm Gideon Asen, said. "This practice, we believe, is a flagrant violation of the First Amendment. We don't think it's a close call."
5 minute read

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