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New York Law Journal

Attorney-Client Privilege: Client's Confidential Communications

In his Evidence column, Michael J. Hutter discusses the background, outcome and takeaways from the Third Department decision in 'Wrubleski v. Mary Imogene Basset Hosp.', in which the Appellate Division addressed the legal/non-legal distinction of client communications in the context of determining whether a client's written notes made post-accident setting forth her account of how she was injured, the medical treatment she received for her injuries, and the medications she took during her post-operative care, could be viewed as a privileged confidential communication.
12 minute read

New York Law Journal

Recent Decisions Affecting Discovery

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier discuss several appellate decisions from the past year addressing the scope of discovery that may have significance for all litigants in personal injury and medical malpractice actions. While these decisions address a broad range of issues, there is an overriding theme involving the impact of advances in technology on discovery.
14 minute read

Litigation Daily

Florida Attorneys Win $4.8M Over Former Lawyer's 'Preventable' Heart Attack on Birthday Cruise

South Florida jurors sided with the family of former Chicago lawyer Richard Puchalski, who claimed a cruise ship doctor gave him medication that caused a deadly heart attack.
8 minute read

Daily Business Review

South Florida Attorneys Win $4.8M Over Former Lawyer's 'Preventable' Heart Attack on Birthday Cruise

South Florida jurors sided with the family of former Chicago lawyer Richard Puchalski, who claimed a cruise ship doctor gave him medication that caused a deadly heart attack.
8 minute read

New York Law Journal

Medical-Malpractice Claim Dismissed Against Surgeon Who Allegedly Failed to Resume Medication for Patient

A state appeals court decided on Thursday that a medical-malpractice claim lodged against surgeon Dr. Elliot Goodman had been properly dismissed because “under the particular circumstances in this case, defendant, as the patient's surgeon, did not owe patient a duty to manage his medication in the ICU.”
3 minute read

Daily Report Online

Malpractice Case Tests If Doctors Must Disclose Health Issues to Patients

The case involves a doctor who sued his insurers for disability benefits before a patient sued him for medical malpractice.
6 minute read

Law.com

Malpractice Case Tests If Doctors Must Disclose Health Issues to Patients

The case involves a doctor who sued his insurers for disability benefits before a patient sued him for medical malpractice.
6 minute read

New York Law Journal

Defending Against Belated Claims

In his Medical Malpractice Defense column, John L.A. Lyddane writes: In a case brought to trial 10 or more years after the alleged acts of negligence, it is especially important that the claims to be tried have been identified, investigated, and subject to complete discovery. It is the responsibility of defense counsel to see that claims as to which there has been insufficient notice and an inadequate opportunity to defend are not advanced at trial.
8 minute read

New York Law Journal

Jury Returns $3.6M Medical Malpractice Verdict for Torn Urethra

The plaintiff, an engineer, suffered the tear to his urethral wall during a routine cystoscopy exam performed by a defendant urologist, after he'd gone to the doctor complaining of blood in his urine. He had one surgery aimed at correcting recurring problems and plans another.
5 minute read

Daily Report Online

Court of Appeals Affirms $46M Med Mal Verdict

Georgia Court of Appeals Judge Sara Doyle said Fulton County State Court Judge Fred Eady did not make any errors in the trial, even though he thought he did.
4 minute read

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