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Documents on Medical Malpractice
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|Recent Decision of the Supreme Court of Florida|
Butler Pappas Weihmuller Katz Craig LLP;
April 8, 2014, previously published on April 7, 2014We wanted to take the opportunity to inform you of a major change in Florida law which has eliminated the statutory caps for non-economic (pain and suffering damages) in medical malpractice cases resulting in death. On March 13, 2014, the Supreme Court of Florida, in Estate of McCall v. U.S. 2014...
|Death Toll from Medical Negligence Reaches New High|
Katie Nealon; Brayton Purcell LLP;
April 8, 2014, previously published on April 2, 2014Do you put complete trust in your doctor? Many patients who are admitted to hospitals believe that the medical professional in charge of their treatment is providing it in a competent and responsible way. Most are unaware that an estimated 200,000 to 400,000 patients die each year from medical...
|Recovery of Emotional Distress Damages in a New Jersey Medical Malpractice Action Remains a Tough Hurdle for Plaintiffs|
Nicholas A. Rimassa; Marshall Dennehey Warner Coleman & Goggin, P.C.;
March 28, 2014The plaintiff parents brought their 19-month-old daughter to the emergency room at 5:00 pm following difficulty breathing and cold or flu-like symptoms. The child was followed by a pediatric intensivist through the night, who claimed to have called a pediatric cardiologist at approximately 12:00 am...
|Judicial Invasion into the Peer Review Privilege|
Albert J. Engel, Stephanie C. Hoffer; Smith Haughey Rice & Roegge, P.C.;
February 14, 2014, previously published on February 12, 2014Recently, the Michigan Court of Appeals upheld a sanction of almost $54,000 imposed against a hospital and its defense attorney in a surgical Bovie burn case. In Harrison v Munson, the trial court imposed the sanction (which was the amount plaintiff incurred in prosecuting the action) after it...
|Ten (10) Critical Events in a Medical Malpractice Case - From Initial Client Interview Through Trial|
Feldstein Grinberg Lang McKee P.C.;
February 14, 2014, previously published by Gary M. Lang on February 12, 2014Typically, the initial contact with a potential medical malpractice client comes via telephone call, either from the potential client or from a referral source.
|ABCA Opens the Door to Punitive Damages for Surviving Dependents|
Angela Juba; McCarthy Tétrault LLP;
February 3, 2014, previously published on January 27, 2014A recent decision of the Alberta Court of Appeal has opened the door for awarding punitive damages to surviving dependants under Alberta’s Fatal Accidents Act (the “FAA”). The FAA creates a statutory cause of action for dependants of deceased persons where death was caused by a...
|Fetus Allegedly Injured in utero Is Patient For Purposes of Application of Virginia’s Statutory Cap on Damages in Med Mal Cases|
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
January 31, 2014, previously published on January 2014In a medical malpractice suit by a minor through her father and next friend for injuries sustained during a doctor's attempt to extract amniotic fluid from the mother by an amniocentesis procedure, the appellate court held that the circuit court did not err in reducing a $7 million jury verdict to...
John J. Ratkowitz;
January 13, 2014, previously published by Medical Malpractice Law and Strategy on November 1, 2013This article discusses the published standards of care relating to fall prevention in hospitals.
|Plaintiffs Beware - Case Law Updates|
Dawn A. Sallerson; Hinshaw & Culbertson LLP;
December 19, 2013, previously published on December 17, 2013Two decisions out of the Illinois Appellate Court, First District, are significant medical malpractice cases for physicians, hospitals, risk managers, insurance carriers and their counsel, one decision reflecting the importance of diligent opposition to plaintiff's late expert disclosures and the...
|Is Section 2-622 a Dead Letter After Gauto?|
Jason K. Winslow; Hinshaw & Culbertson LLP;
December 19, 2013, previously published on December 17, 2013On September 5, 2013, the Illinois Appellate Court, Fifth District, published a written opinion in Rickie Fox and Ruth Fox v. Suzanne Gauto, Executor of the Estate of Nelson Gauto, deceased, a medical malpractice case. The Gauto Court grappled with the issue of what standard applies when...