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Daily Report Online

Augusta, Ga., Jury Finds for ER Doctor in Medical Malpractice Trial Over Miscarried Baby Flushed Down Toilet

The defense said the case was wrenching for jurors who ultimately cleared an emergency room doctor of medical malpractice claims filed after a woman miscarried and her 16-week old fetus was flushed down a hospital toilet.
5 minute read

Daily Report Online

Georgia Jury Delivers $12M Med-Mal Verdict in Case Linking Mistaken Dose of Insulin to Brain Injury

With 55% fault apportioned to a defendant doctor and 45% to a Perry hospital that settled out of the case before trial, a $6.6 million award is set to be entered in the plaintiffs' favor against the surgeon.
5 minute read

The Legal Intelligencer

Lawyer Sanctioned $8.5K for Derailing Dental Malpractice Deposition

A federal judge has ordered $8,500 in sanctions against a plaintiffs attorney who repeatedly interrupted and interjected during a deposition in a dental malpractice case to the point where defense counsel could not participate.
3 minute read

The Legal Intelligencer

This Litigator Is Less Worried About Post-Pandemic Juries After $4.1M Verdict Over Botched Eye Surgery

"There's been a lot of thought and concern amongst the trial bar about how are juries going to think about doctors and hospitals," the plaintiffs' attorney said. "I'm not as concerned about it as I was before."
4 minute read

Texas Lawyer

A Q&A With Michael J. Saks and Stephan Landsman, the Authors of 'Closing Death's Door: Legal Innovations to End the Epidemic of Healthcare Harm'

There are ways to improve patient safety and reduce iatrogenic injury, a problem that neither the health care industry, nor the legal one, has made effective progress in solving.
11 minute read

The Legal Intelligencer

'Almost Like Flying Blind': What It Was Like Trying a Med Mal Case to $1.4M Verdict in Phila.

Barrett DeAngelo's Michael Barrett compared working in the socially distanced setting with trying a case in a sports arena. "It's sort of like trying a case at the Wells Fargo Center," Barrett said. "Until you do it, you really can't appreciate it."
5 minute read

Daily Report Online

Ga. Appeals Court: Prior Arbitration Clause Can't Bind Emory Patient in New Med-Mal Case

Presiding Judge Stephen Dillard wrote that Emory Healthcare's practice of presenting patients with admissions forms including an "ostensibly indefinite arbitration agreements" cannot bind those who don't sign subsequent forms.
4 minute read

Daily Business Review

Unsung Heroes: Jack Cook Lands Major — But Confidential — Wins in Medical Malpractice Suits

"Have an open ear. When people come up with a legal problem, any legal problem, hear them out and see if you can help," Cook said.
3 minute read

New York Law Journal

Update on COVID-19 Issues

Last spring, when New York was the epicenter of the COVID-19 pandemic, Medical Malpractice columnists Thomas A. Moore and Matthew Gaier wrote a series of articles focusing on two issues affecting malpractice litigation that flowed directly from the state's response—immunity to health care professionals and facilities, and the toll on the statute of limitations. Both of those matters have undergone modifications over the past year. Those changes and their impact are the subject of today's column.
13 minute read

The Legal Intelligencer

Plaintiff's Esophageal Cancer Unrelated to Doctor's Care: Defense

In March 2017, plaintiff Kevin Takacs, a man in his 60s, was diagnosed with stage-IV esophageal cancer. Takacs claimed that his cancer developed because he received substandard care from his family physician, Barry Follweiler.
3 minute read

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