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The Legal Intelligencer

This Lawyer's Persistence Won a $2.75M Cash Settlement Against the VA in a Leg Amputation Case

Pennsylvania's MCARE insurance law precluded the federal government from insisting on a "reversionary trust," which would have required the return of settlement funds unused for medical treatment.
4 minute read

New York Law Journal

The Cause-in-Fact Medical Malpractice Defense

In his Medical Malpractice column, John L.A. Lyddane discusses the cause-in-fact defense, which is describes as underemployed in medical malpractice cases tried in New York courts. The distinction between cause-in-fact, also referred to as "actual cause", and proximate cause is frequently important enough to present this defense opportunity for the malpractice defendant where situationally appropriate.
8 minute read

New Jersey Law Journal

How to Prove a Claim Pursuant to the NJ Nursing Home Act

The Appellate Division recently provided a roadmap for proving a claim and obtaining an award of attorney fees pursuant to the New Jersey Nursing Home Responsibilities and Residents' Rights Act.
10 minute read

New Jersey Law Journal

How About an Affidavit of a Meritorious Defense in Med Mal Cases?

The handling of malpractice cases would be much more efficient if defendants were required to provide an affidavit from a qualified expert early on in the case stating, under oath, that the treatment at issue complied with the standard of care.
7 minute read

New Jersey Law Journal

MEDICAL MALPRACTICE

This special section includes articles on: the intersection of medical specialties and the affidavit of merit; the standard for assessing medical causality; vicarious liability and alleged medical negligence by an unlicensed person; piercing charitable immunity; and new lung cancer screening guidelines.
2 minute read

New Jersey Law Journal

Updated 2021 Lung Cancer Screening Guidelines Can Save Even More Lives

When a primary care physician fails to appropriately document smoking history and/or fails to offer lung cancer screening to eligible patients today, such conduct falls below the standard of care.
10 minute read

New Jersey Law Journal

How to Maximize the Value of Med Mal Cases (and Pierce Charitable Immunity)

When a client presents under circumstances where charitable immunity at first blush would unjustly limit recovery to $250,000, strategic thinking and innovative lawyering may make all the difference in maximizing the value of your case.
7 minute read

New Jersey Law Journal

Vicarious Liability—Do You Really Need an Affidavit of Merit?

If a plaintiff's fundamental cause of action sounds in professional negligence against a "licensed person," he or she may not evade the AOM requirement by suing only a public entity, and not the individual "licensed person." But what about the alleged medical negligence of an unlicensed person?
7 minute read

New Jersey Law Journal

The Fallacy of Statistical Significance Under 'Daubert'

An important look at the standard for assessing medical causality, including the Bradford-Hill factors and U.S. Supreme Court precedent.
9 minute read

New Jersey Law Journal

The Affidavit of Merit and Medical Economics

It is not uncommon to find a physician with one or more subspecialty doing work in one of them or none of them. Many physicians are being tasked, incentivized and sometimes required, to sub-specialize, since sub-specialists earn more than generalists, and those performing procedures earn more money than those who do not. When it comes time to review the appropriateness of an AOM, each subspecialty suddenly becomes important though it may be irrelevant.
8 minute read

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