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New Jersey Law Journal

Informed Consent Applies 'Reasonable Person' Standard; What Happens in Court Is Unreasonable

A plaintiff's passionate testimony is highly prejudicial in the eyes of a jury, yet has no probative value based on the instructions given to that jury. We need to eradicate this contradiction to ensure fairness in our judicial system.
8 minute read

New York Law Journal

The Importance of Expert Analysis to the Defense of Causation

In a medical malpractice case, expert testimony is required to establish the standard of care, a departure from that standard, and that the departure was a proximate cause of the damages claimed. Without full exploration of causation issues, the defense is ill prepared for trial. In this edition of his Medical Malpractice column, John L.A. Lyddane takes a look at the case law governing expert analysis of causation defenses.
8 minute read

The Legal Intelligencer

Showing Injured Plaintiff's Family Via Zoom Would 'Create More Problems Than It Would Solve,' Pa. Trial Judge Rules

Allowing an injured plaintiff to videoconference his family into the courtroom on monitors displayed to the jury is a step too far, according to one Pennsylvania judge.
4 minute read

New York Law Journal

Yet Another Appellate Department Unanimously Rules That the MLMIC Buyout Proceeds Belong to the Physician-Policyholder

The Second Department's unanimous decision in 'Maple Medical v. Joseph Scott' is consistent with the unanimous conclusions reached by the Appellate Divisions in both the Third and Fourth Departments in recent months.
2 minute read

New Jersey Law Journal

Appellate Ruling Spotlights Hurdles for Medical Malpractice Plaintiffs

The ruling serves as a reminder to medical malpractice plaintiffs that, although they are frequently tripped up by New Jersey's affidavit of merit statute, it's far from the only hurdle such cases must navigate.
4 minute read

The American Lawyer

2021 Forecast: A Difficult Year Is Giving Way to Hope and Clarity for Health Care Clients

As courts reopen and providers return to normal operations, there will be deals to close for the pandemic's winners and losers.
4 minute read

The Legal Intelligencer

'Gone on Long Enough': Pa. Supreme Court Axes Nancy Raynor's Dragonetti Suit

"We note this rancorous dispute and protracted litigation between the parties has gone on lone enough, and given our resolution of the issues, it is fair to say we expect the matter to end here, and we would take a dim view of further proceedings," Justice Kevin Dougherty said in a footnote.
6 minute read

Connecticut Law Tribune

$2 Million Med-Mal Case Hinged on a Confidentiality Agreement

Plaintiffs counsel Kelly Reardon of The Reardon Law Firm has clinched a $2 million settlement for her clients, parents of a little girl born with cystic fibrosis.
4 minute read

Texas Lawyer

The Effect of COVID-19 on Nursing Home Abuse: A Legal Perspective

Numerous class-action and individual wrongful death lawsuits have been filed asserting that proper precautions were not maintained to keep nursing homes residents safe from contracting COVID-19.
6 minute read

Daily Business Review

As 'Medical Distancing' Eases, Litigators Expect Malpractice Cases to Surge in 2021

"Just like jury trials are being postponed, you're going to see an uptick in those surgeries and that will be a source of additional cases of medical malpractice," Stuart Ratzan said.
4 minute read

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