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The Legal Intelligencer

Res Ipsa Loquitur and Direct Evidence Not Mutually Exclusive in Med Mal Suit, Pa. Supreme Court Rules

Saylor wrote in his dissenting opinion that "the concerns of the medical community that judicial authorization of the inference will foster confusion among jurors, unduly increase the cost of medical services, and serve to undermine the quality of health care in the commonwealth ... do not seem to me to have been assessed in any meaningful fashion."
4 minute read

The Legal Intelligencer

Pa. Justices: Defense Attorney's Question During Ex-NFL Player's Med Mal Trial Was Not Improper

The Supreme Court majority said nothing about the question defense counsel posed to its musculoskeletal radiology expert—asking whether he was aware that the plaintiff "couldn't find" an expert of his own in that field—warranted a new trial.
6 minute read

Daily Business Review

Securing Punitive Damages for Medical Negligence Isn't Easy. Here's How These South Florida Attorneys Did It

"Pay attention to [the prison] population as well, and to those complaints and the people who are calling your phones saying, 'My son died at this jail or my daughter was not provided medical care.' They're people too, and they count and they matter," Leesfield Scolaro partner Thomas Scolaro said.
5 minute read

Daily Business Review

Keeping 7 Figures on the Table: How a Florida Lawyer Scored a $2 Million Arbitration Award

"We gave Angels Senior Living every opportunity to resolve this case fairly, even after the award, yet they persisted in trying to vacate it. Now that the award has been confirmed by the court, my clients look forward to the closure they deserve," plaintiffs counsel said.
4 minute read

Daily Business Review

'The Jury Came Up With the Value': $2.96M Miami Verdict After 71-Year-Old Cancer Patient's Death

"The jury understood the testimony of our urology expert that at 71 years of age and with a low grade and low aggression cancer a guy who had a lot of medical issues going on was a bad candidate to take into surgery where more than the usual amount of bleeding was expected,'' Mariano Garcia said.
5 minute read

The Legal Intelligencer

Doctors Rejected Blame for Patient's Fatal Post-Op Aspiration

On Sept. 30, 2013, plaintiff's decedent Dawn Pugar, 52, underwent hip surgery. The procedure was performed by an orthopedist, Dr. Dale Yakish, at Heritage Valley Hospital, in Beaver. Yakish was assisted by an anesthesiologist, Dr. Brett Anderson.
4 minute read

Daily Business Review

System for Early Resolution in Medical Malpractice Litigation

Once damages are capped, there is less speculation and a great deal more certainty about case value. In many instances, this certainty leads to earlier resolution of medical malpractice cases.
4 minute read

Daily Business Review

Florida Jury Sides With Patient Who Claimed Unwanted Facelift Caused Permanent Nerve Damage

A jury awarded $600,000 to a man who claimed that unwanted cosmetic surgery caused permanent numbness and paralysis of his face. Jerome Jimison underwent…
3 minute read

New York Law Journal

Proper Venue for Malpractice Actions

A circumstance sometimes arises in medical malpractice actions where venue is decided based upon a physician's principal office. A recent decision by the Court of Appeals addressing that circumstance provides the opportunity for authors Thomas Moore and Matthew Gaier to examine the venue rules as they apply in malpractice actions.
15 minute read

Texas Lawyer

A 'Coffee Goblin' Must Be Responsible for Client's Burns, Injury Lawyer Says

Personal injury lawyer Mark Sparks warned of a "coffee goblin" on the loose across Texas.  While fictional, it's the only explanation Sparks…
4 minute read

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