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New York Law Journal

Lost Chance as a Substantial Factor in Causing Injury: Part 2

Part 1 of this article addressed proof of diminished chance for a cure or better outcome or increased injury and pain and suffering as a substantial factor of injury in failure to diagnose cancer cases. Part 2 addresses the application of law and evidence to medical malpractice cases dealing with failure to diagnose other medical conditions and illness.
13 minute read

New York Law Journal

Lay Opinion in the Context of Medical Malpractice Defense

The neatly divided roles of fact witness, expert witness and finder of fact are understandable in theory, but have not always been easy to apply to the evidence in a given case, as explored by John L.A. Lyddane in his column on Medical Malpractice Defense.
8 minute read

New York Law Journal

Lost Chance as Substantial Factor In Causing Injury: Part 1

In medical malpractice cases, competent poof of a diminished chance for a cure or better outcome or increased injury and pain and suffering may be a substantial factor or proximate cause of injury. Part 1 of this two-part series deals with such evidence as presented in failure to diagnose and treat cancer cases.
13 minute read

Connecticut Law Tribune

Connecticut Supreme Court Nixes Medical Malpractice Suit Hinged on Statute of Limitations

The Connecticut Supreme Court has affirmed two lower court rulings that said a prisoner medical malpractice lawsuit against the state Department of Correction couldn't move forward because the statute of limitations has passed.
3 minute read

Texas Lawyer

'The Organ Thieves' Exposes the Nasty Wound of Racism in the Medical System Toward Black Americans

Texas Lawyer spoke with Chip Jones about his new book and how racially biased attitudes fit a broader pattern of discriminatory behavior toward Black patients in the 1960s.
9 minute read

New York Law Journal

Liability of Referring Physicians

In this month's column, Medical Malpractice writers, Thomas A. Moore and Matthew Gaier, focus on the circumstances under which referring physicians may be held liable.
12 minute read

Daily Report Online

$46M Med-Mal Verdict Holds Up on Appeal

"The apportionment statute was enacted 15 years ago, and we're still arguing over it," said winning plaintiff's attorney Bill Stone of the Stone Law Group.
5 minute read

Daily Report Online

Georgia Justices Revive Claims Against Sperm Bank Over Flawed Donor

The justices said that at least some of the claims by the parents of a child who suffers from physical and emotional problems may fall outside of Georgia's bar to "wrongful birth" lawsuits.
6 minute read

New Jersey Law Journal

In Med Mal, the 'Common Knowledge Exception' Makes No Common Sense

The New Jersey Supreme Court was asked to address when, in a medical malpractice lawsuit, could the statutory requirement that an affidavit must be submitted within 60 days be waived. To this author, the short answer is never.
7 minute read

New York Law Journal

Heroism On The Frontline: Should Jurors Hear About It?

Exploring the extent to which jurors would be allowed to hear testimony from defendant healthcare providers regarding their involvement in the treatment of COVID-19 patients.
8 minute read

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