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New Jersey Law Journal

$1.08 Million Settlement Approved in Bergen County Wrongful Birth Case

A $1.08 million settlement in a suit claiming an obstetrician failed to order additional fetal testing that would have detected a genetic disorder,…
4 minute read

The Legal Intelligencer

Read the Report: Pa. Lawmakers Eye Impact of Proposed Med Mal Venue Rule Changes

"The effects of the proposed rule change on the number of medical malpractice filings and/or the value of medical malpractice payments in Pennsylvania could not be determined with any certainty."
3 minute read

New York Law Journal

The Emergency Doctrine Revisited

The theory behind the common law "emergency doctrine" is that a person in such a situation cannot reasonably be held to the same accuracy of judgment or conduct as someone who has an opportunity to reflect, even if the decision turns out to be wrong. The need for the emergency doctrine has been called into question in recent years based on principles of comparative negligence and the ability of juries to apportion fault. As Thomas A. Moore and Matthew Gaier discuss in this edition of their Medical Malpractice column, while some states have abolished the doctrine altogether, New York has not gone so far.
13 minute read

Connecticut Law Tribune

Devil of a Detail: A Discrepancy Helps Hartford Lawyer Land $3.2 Million Verdict

A Superior Court jury returned a seven-figure verdict in favor of a man who sued Bristol Hospital for medical malpractice, alleging a nurse injured him while administering an enema.
4 minute read

New Jersey Law Journal

Law Professor Ordered to Pay $156K After Accepting Improper Referral Fee

A judge found accepting that fee was improper because New Jersey ethics rules only allow payment of referral fees by a certified trial attorney.
4 minute read

The Legal Intelligencer

Company's Attempt to Dodge Wrongful Death Suit Thwarted by Own Press Release

A Lackawanna County Court of Common Pleas judge has denied a health company's attempt to escape a wrongful death lawsuit against one of its hospitals, finding "extensive evidence" to refute its argument that it did not have control over the hospital.
3 minute read

Daily Business Review

Kevin O'Connor Takes Charge of Foley & Mansfield in Miami

The medical malpractice litigator is the new managing partner of the law firm's nine-attorney Miami office.
3 minute read

Daily Business Review

Pictures Worth $2 Million: South Florida Lawyers Leverage CT Scan to Negotiate Settlement

Kelley Uustal partner Todd Falzone and his team argued that a radiologist took no more than half a second looking at 691 different images of a CT scan of a patient who later died of bleeding in the brain.
6 minute read

New York Law Journal

Reasons To Maintain New York's 'Speaking Agent' Hearsay Rule

In his Medical Malpractice Defense column, John L.A. Lyddane discusses the current effort before the Legislature to modify the New York State approach to the "speaking agent" exception to the exclusion of hearsay at trial, writing that "the change would affect the adjudication of medical malpractice claims and is of particular concern to any health care organization whose employees render medical care in the course of their employment."
9 minute read

Texas Lawyer

Recent Legal Developments That Are Going to Make Medical Peer Review in Texas Harder (But More Important Than Ever)

The courts have been relatively quiet in Texas this past year when it comes to cases addressing medical peer review. The Texas Legislature, however,…
8 minute read

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