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Daily Report Online

After Arguments, High Court Chooses Not to Decide Appeal Focused on Jury Strike in Nursing Home Case

The Georgia Supreme Court dismissed an appeal arguing that a juror struck because he lived in an area that "may not be friendly" to Blacks should mean a new trial for a nursing home challenging a $1.5 million verdict.
6 minute read

Daily Report Online

New Trial Ordered After Jury Awarded Past Medical Expenses but No Other Damages

On remand from the state's appellate courts, DeKalb County State Court Judge Johnny Panos ruled that a jury's 2017 award of past medical expenses but no pain and suffering or other damages was "inconsistent" and required a new trial.
5 minute read

New York Law Journal

Negligent Hiring and Credentialing in Medical Malpractice Defense

During discovery, it may be determined that claims for negligent hiring, retention, supervision, and credentialing extend liability to entities which were not initially identified as parties. In his Medical Malpractice column, John Lyddane shows how understanding the parameters of such liability under New York law could be of importance to all counsel representing litigants in malpractice cases.
8 minute read

New Jersey Law Journal

Delayed Diagnosis Case Leads to $1.25 Million Settlement in Essex

A man whose diagnosis of bladder cancer was delayed agreed to a $1.25 million settlement in his Essex County medical malpractice suit, Wechsler v. Lefkon, M.D., on Oct. 29.
3 minute read

New York Law Journal

Consultation Reports in Physicians' Office Records

Twenty-five years ago, this Medical Malpractice column concluded that a physician's entire office record, including the reports of consulting physicians and any findings or opinions contained therein, is admissible in evidence, so long as the material was kept in the regular course of the physician's business and was related to the diagnosis or treatment of the patient. Among the law discussed was 'Freeman v. Kirkland'. Another columnist recently concluded that 'Freeman' should no longer be followed. Thomas A. Moore and Matthew Gaier respectfully disagree with that conclusion in today's edition of their column.
13 minute read

The Legal Intelligencer

Judge Massiah-Jackson to Retire After 37 Years on Phila. Bench

Massiah-Jackson, 70, made history as the first African American woman to preside over civil trials in Philadelphia and was the first African American president judge of any county in Pennsylvania. Her career, spanning four decades, focused mainly on high-stakes medical malpractice cases.
3 minute read

New York Law Journal

MLMIC Buyout Dispute Update: All Eyes Return to the First Department

Two recent appellate decisions determined that the proceeds from the sale and demutualization of New York's largest medical malpractice carrier, the Medical Liability Mutual Insurance Company, belong to the insured policyholders rather than to their employers who may have paid their malpractice premiums and/or acted as their Policy Administrator.
5 minute read

Law.com

Report: Despite Pandemic, Law Firms Are Filing More Tort Cases

Lex Machina's first "Torts Litigation Report" found tort lawsuits increased slightly in the second quarter of 2020, with most of the 173 cases related to the COVID-19 pandemic alleging negligence against cruise lines.
4 minute read

The Legal Intelligencer

Nurses Rejected Blame for Patient's Fall

On Nov. 13, 2015, plaintiff's decedent Patricia Sapone, 74, fell while being treated at St. Clair Hospital, in Pittsburgh. She suffered a knee injury. She later died of unrelated causes.
4 minute read

Daily Report Online

Telemedicine: Notable Benefits Do Not Come Without Inherent Risks

While the benefits are notable, health care providers implementing telehealth into their practices must be aware of some inherent risks from a medical malpractice perspective.
5 minute read

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