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The Legal Intelligencer

Improper Postoperative Care Led to Foot Amputation: Plaintiff

On April 6, 2021, plaintiff Ronald Lewis, 72, underwent open vascular surgery at Reading Hospital to repair an abdominal aortic aneurysm and bilateral iliac aneurysms. Following the surgery, Lewis allegedly suffered a microembolism that led to an ischemic foot injury and a partial amputation.
4 minute read

Daily Report Online

Mediating Health Care Malpractice Cases

Preparing for the mediation ahead of time and creating rapport with both parties helps ensure a successful mediation. Even if the case doesn't settle at the mediation itself, these actions make it more likely to settle before trial, which benefits both parties.
6 minute read

New York Law Journal

Medical Malpractice Contingency Fee Schedule Needs Amendment

Judiciary Law section 474-a, as amended effective July 1, 1985 sets forth a contingency fee schedule and provision for application for increased fee in extraordinary circumstances. In practice, the fee schedule creates inherent conflict, is unfair and deprives many victims of malpractice the opportunity to hire competent counsel. Applications for enhanced fees are rarely granted. The proposed Amendment set forth in NYAB 7448 provides much needed changes to the Statute.
21 minute read

New York Law Journal

Cumulative Testimony in Medical Malpractice Defense

Cumulative testimony is generally excluded at trial based upon the sound discretion of the trial court, whose obligation it is to control the presentation of the issues to the trier of fact. This scenario arises in cases that involve expert witnesses from multiple specialties but may also occur when there are one or more missing witnesses.
8 minute read

Daily Report Online

'Repeated Discovery Abuses' Lead to Default Liability Judgment

"[Dr. Chappuis] failed to disclose any of these text messages," read Judge Susan Edlein's order. "Importantly, he affirmatively stated there were no text messages."
8 minute read

New Jersey Law Journal

NJ Supreme Court Clarifies AOM Medical Records Review, Stresses Importance of 'Ferreira' Conference

"The AOM requirement should not be a minefield battle about hypertechnicalities; the requirement is a threshold issue only meant to weed out unmeritorious cases at the beginning of the case before discovery has taken place. The court's decision strikes the right balance on protection of a plaintiff's meritorious case from dismissal with prejudice at a time when many facts are still unknown with providing a defendant with notice that the claim as alleged has merit," said Christina Vassiliou Harvey, a partner with Lomurro Munson.
5 minute read

The Legal Intelligencer

Appeals Court Clears Counsel of Sanctions Ordered Under Phila.'s Med Mal Program

The Superior Court ruled that sanctions "must be based in the rules or supported by contempt law, and must be based on actions in the individual case, not a courtwide policy for imposition of sanctions."
4 minute read

Daily Report Online

Clock Reset: This New Ruling Is Good News for Plaintiffs

"The Supreme Court made it clear that the General Assembly had the power to toll statutes of repose that it created," said appellant counsel Michael B. Terry. "This clarification may have impacts in a wide variety of cases."
8 minute read

New York Law Journal

Malpractice Claim Over Misdiagnosis of Tick-Bite Symptoms Is Reinstated

A 5-0 ruling, authored by Justice Christine Clark, of the Appellate Division, Third Department, said a trial judge should have greenlighted expert testimony on the standard of care.
4 minute read

Connecticut Law Tribune

New Haven Jury Returns $15.4 Million Verdict

"I certainly hope that as a result of what happened here that the anesthesia providers who were involved learn that when time is of the essence, it means a patient's life is on the line," Kathleen Nastri said. "You can't just stand by and watch as a patient deteriorates."
3 minute read

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