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New York Law Journal

Toll on Statutes of Limitations During the COVID-19 Emergency

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier review pertinent executive orders that tolled statutes of limitations and analyze them in relation to the decisional law and prior executive orders issued in response to different emergencies.
12 minute read

New Jersey Law Journal

Complications From Child's Surgery Lead to $12.5M Settlement in Essex

An Essex County Superior Court judge has approved a $12.5 million settlement in Ocasio v. Yeh, a medical malpractice suit on behalf of a child whose…
7 minute read

New York Law Journal

Habit Evidence: Admissibility of Custom and Practice in Medical Malpractice Cases—Truth or Consequences? Part Two

Courts must consider whether habit or circumstantial evidence belongs to the creative imagination of the party or attorney and is being used in such a way to unjustifiably excuse an act or omission of carelessness or negligence when the party has no recollection of the events.
20 minute read

New York Law Journal

Habit Evidence: Admissibility of Custom and Practice in Medical Malpractice Cases—Truth or Consequences? Part One

Can evidence of a health care provider's custom and practice be admissible at trial as habit evidence to prove a fact or standard of care? Can such evidence be proof in support of due care or lack thereof sufficient to support or oppose a motion for summary judgment for or against a party? Can such evidence arise from a creative imagination and be a poor excuse for medical negligence?
19 minute read

Daily Report Online

State's Bar on 'Wrongful Birth' Suits in Sperm Bank Case Debated at High Court

The case is the first time Georgia's justices have been asked to decide whether a 30-year-old decision barring "wrongful birth" lawsuits applies to one of several cases involving a flawed sperm bank donor.
6 minute read

Daily Business Review

Florida Ruling Demonstrates Potential Pitfall for Plaintiffs Bringing Medical Malpractice Lawsuits

The future of this lawsuit depended on whether the alleged "severe withdrawal" death of a South Florida patient fell under ordinary negligence or medical malpractice.
3 minute read

Connecticut Law Tribune

NCAA Star Player Robert McCurdy Files MedMal Suit Against Norwalk Hospital, Western Connecticut Health

"It was described to him as a mistake in the ordering system, or the computer system," McCurdy's attorney said.
3 minute read

New York Law Journal

Consolidation and Severance of Medical Malpractice Claims

It is only where the proponent of separate trials has established that a substantial right of a party is prejudiced by a consolidated trial that separate trials are obtainable. To help assess the manner in which the trial court is likely to respond to a motion for either severance or consolidation, John L.A. Lyddane examines several themes in the decisions in this edition of his Medical Malpractice column.
9 minute read

The Legal Intelligencer

Severed Nerve During Hand Surgery Not a Deviation: Defense

On June 19, 2013, plaintiff Maylanna Williams, 35, an administrative assistant, underwent a carpal tunnel release procedure on her left hand, of her nondominant arm. The procedure was performed by an orthopedic surgeon, Mark Avart, in Wynnewood. Williams alleged that Avart was negligent in performing the surgery, resulting in damage to her median nerve.
3 minute read

Texas Lawyer

Nurse-Attorneys? Yes. Lawyers Are Donning Scrubs Again to Help Battle COVID-19

Multiple nurse-attorneys—dual professionals who hold licenses in the law and nursing—have paused their law practices to return to medicine during the coronavirus pandemic.
7 minute read

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