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Daily Report Online

Small Venue, Big Outcome: 'Conservative' Rural Jury Returns $10M Verdict After Father's Wrongful Death

"With prejudgment interest and a 9-11-68 offer, the judgment could end up around $14.5 million," said Matthew Cathey of Cathey & Strain in Cornelia.
8 minute read

Law.com

Magistrate Judge Sides With County Defendants in Inmate's Claims in Failure to Treat Hepatitis C

According to the summary judgment motion, Russell is entitled to qualified immunity because "no reasonable person in her position would have known" that her actions in monitoring Connell's Hepatitis C and treating symptoms would have constituted a violation of "some clearly established right" of the plaintiff.
4 minute read

New York Law Journal

Recent Appellate Decisions on Discovery

Over the past few years, there have been numerous decisions of interest from the Appellate Division involving issues related to discovery in medical malpractice and personal injury actions. These decisions demonstrate the continuing evolution of decisional law pertaining to various discovery issues.
12 minute read

Texas Lawyer

Texas Supreme Court Puts Onus on Medical Profession, Upholds Anti-Abortion Law

Despite evidence that Texas doctors delay medically necessary abortions until the mother's life is at imminent risk of death or loss of major organ function, the court held the anti-abortion law provides doctors with sufficient discretion.
4 minute read

New York Law Journal

Westchester Jury Delivers $23.3M Med Mal Verdict Against Medical Center for Patient Death

A jury has found Westchester Medical Center owes $23.3 million for failing to prevent a man being treated for a traumatic brain injury from suffering…
3 minute read

New York Law Journal

Vicarious Liability of the Defendant Physician

Over the course of discovery in a complex medical malpractice case, it is expected that issues will arise as to the doctor's vicarious liability for others involved in the patient's care. Knowing where the distinctions are drawn will be helpful to the defense of your physician client.
9 minute read

New York Law Journal

First Dept. Asks Court of Appeals to Review Mother's Emotional Distress Claim in Med Mal Case

The panel said a 2005 high court decision doesn't bar a plaintiff mother's claim for emotional harm resulting from a lack of informed consent for certain prenatal procedures.
4 minute read

Law.com

Record $41M Jury Verdict Awarded to Lawyer for Medical Malpractice Claims

"The jury's verdict is bittersweet for this wonderful family, which has been devastated by Craig Pierce's injury and the loss of his ability to function independently and practice law," Christopher Hurley, a founding partner at Hurley McKenna & Mertz, said in a statement.
5 minute read

New Jersey Law Journal

Medical Malpractice Special Section 2024

This year's special section covers everything from the (un)likelihood of winning punitive damages, the appellate review of pain and suffering awards, and the "piercing the corporate veil" doctrine.
1 minute read

New Jersey Law Journal

How Much Deference Makes a Difference?

"New Jersey, like most jurisdictions, applies a highly deferential standard of review and the appellate court assesses whether a damages award shocks the judicial conscience," writes Melissa Terranova, an associate with Wilson Elser.
9 minute read

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