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The Legal Intelligencer

Wellpath Hit With Med Mal Claims Over Alleged Two-Year Delay in Approving Hip Replacement

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

Connecticut Law Tribune

Medical Labs Seek $32 Million—and Patients' Records—in Federal Suit Against Cigna

Cigna seeks a declaration that the labs must return roughly $18 million.
4 minute read

New York Law Journal

Appeals Court: Woman Can't File Med Mal Claim Notice 10 Months Late With No 'Reasonable Excuse'

The woman, who intended to sue the city's public health system over a transected nerve, "failed to establish a reasonable excuse for her 10-month delay in filing a late notice" when she asserted that she didn't know her forearm's nerve was severed until she discovered it at separate, private hospital.
4 minute read

The Legal Intelligencer

Patient's Cancer, Death Not Due to Family Doc's Care: Defense

On Jan. 12, 2017, plaintiffs' decedent Carl Jester, 50, a heavy equipment operator, died from metastatic prostate cancer. His estate claimed that his cancer and death were results of substandard treatment of his family medicine physician, Dr. Mary-Anne Ost.
5 minute read

New York Law Journal

Quality Assurance Privilege and Party Statements

One area of statutory privilege that has implications for medical malpractice actions is that relating to hospital quality assurance review and malpractice prevention programs under Education Law §6527(3), Public Health Law §2805-j and Public Health Law §2805-m. The statutes, however, exempt from privilege statements made by a party in an action that is the subject of the review. This exception has been addressed in various appellate decisions. In their Medical Malpractice column, Thomas Moore and Matthew Gaier discuss several of the decisions.
14 minute read

Daily Business Review

Medical Malpractice Fight Re-Emerges

The debate centers on an unusual part of Florida law that involves wrongful-death claims in medical malpractice cases.
3 minute read

The Legal Intelligencer

Eckert Seamans Adds Professional Liability Litigators From Several Pa. Firms

The partner-level lawyers focus on defense of health care professionals and institutions.
3 minute read

New York Law Journal

An Unfortunate Ruling on Discovery of Quality Assurance Minutes

The Second Department recently decided 'Siegel v. Snyder', which broadly expands discovery of quality assurance documents and statements despite the clear statutory prohibitions. Before this error is corrected by the legislature or the Court of Appeals, it should be expected that there will be considerable activity in this area of discovery for pending malpractice cases.
8 minute read

Daily Report Online

Lawyer Sanctioned: 11th Circuit Upholds Attorney's $13K Penalty, Sheds Light on 'Costs'

"Procedurally, the 11th Circuit made clear that a conditional dismissal that requires the payment of sanctions is not 'costs' under Rule 41 [of the Federal Rules of Civil Procedure]," said Atlanta defense attorney Eric J. Frisch of Copeland, Stair, Kingma & Lovell.
7 minute read

The Legal Intelligencer

Doctor Rejected Blame for Spread of Patient's Infection

In March 2016, plaintiff Scott Breegle, a man in his 50s, learned that he was suffering a multi-joint infection that had caused necrosis of his colon. He required removal of the infected area of the colon.
4 minute read

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