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The Legal Intelligencer

ER Footage Provides Uncommonly Concrete Timeline for Upcoming Med Mal Suit, Plaintiff's Lawyer Says

Waiting room footage shows a 72-year-old patient waited nearly two hours for attention before his death, trial lawyer Matt Casey said.
4 minute read

New York Law Journal

Evidentiary Use of Learned Treatises

In a recent column in the New York Law Journal, Professor Michael Hutter raised the question of whether New York should adopt FRE 803(18), the Federal Rule of Evidence pertaining to the admissibility at trial of statements contained in treatises, periodical or pamphlets. Hutter's position was that adoption of the rule would be "a progressive step forward." In this edition of their Medical Malpractice column, Thomas Moore and Matthew Gaier explain why they "respectfully disagree."
15 minute read

The Legal Intelligencer

Hospital May Seek Contribution From Party With Vicarious Liability, Appeals Court Rules

One of the physician defendants said that Dialysis Clinic as an employer was vicariously liable for their negligence.
4 minute read

The Legal Intelligencer

Plaintiff Unable to Walk After Doc's Failure to Diagnose Congenital Condition

In October 2014, plaintiff Elizabeth Brubaker, a hairdresser in her late 20s, was diagnosed with a Chiari malformation, a congenital condition in which the brain tissue extends outside the skull into the spinal canal.
6 minute read

New Jersey Law Journal

Med Mal Suit Over Fatal Kidney Failure Settles for $1.38 Million in Monmouth

The family of a woman who died after an emergency room doctor allegedly failed to treat her kidney failure agreed to a $1.375 million settlement in a…
4 minute read

The Legal Intelligencer

'We Can't Control Everything': This Attorney Used the Pandemic's Unpredictability to Help Win a Med Mal Defense Verdict

"If we've learned anything from COVID, it's that we medically can't control everything," defense counsel Gary Samms said. "I thought that was a nice way to set up the complications. Every juror has lived that and knows that."
4 minute read

The Legal Intelligencer

Defense: No Correlation Between Alopecia Areata and Lymphoma

On Feb. 7, 2017, plaintiff Herbert Smith, 36, a retail worker, was diagnosed with Hodgkin lymphoma. Smith claimed that his dermatologist, Mary Hutchins Rosin, with whom he had treated two years prior, failed to diagnose the cancer. After extensive treatment, Smith was able to achieve remission.
4 minute read

The Legal Intelligencer

Jury Awards $5.8M in Failure to Diagnose, Wrongful Death Case

A Philadelphia jury has awarded a $5.8 million verdict to the family of a woman who claimed that Einstein Healthcare Network's failure to perform a hysterectomy or a myomectomy led to the spread and metastasis of her cancer.
3 minute read

New Jersey Law Journal

$7 Million Settlement Reached After Patient Suffered Brain Injury at Hospital and Later Died

A Monmouth County medical malpractice case involving a man with a sleeping disorder who received opioid medication and suffered a brain injury that…
6 minute read

The Legal Intelligencer

$5.8M Verdict Handed Up by Phila. Jury in Failure to Diagnose, Wrongful Death Case

After a four-day trial and six hours of deliberation in Philadelphia Court of Common Pleas Judge Stella Tsai's courtroom, the jury awarded its verdict to the estate of Lucretia Burgess, who died at age 48 of uterine cancer in September 2015.
3 minute read

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