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HTMLMedical Malpractice: Strict Compliance with the Missouri Health Care Affidavit Statute is a Must
Laura J. Bettenhausen; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
June 23, 2014, previously published on June 16, 2014
In a procedurally convoluted case entitled Mayes v. St. Luke’s Hospital of Kansas City, the Missouri Supreme Court has issued a straightforward warning to medical malpractice plaintiffs: strict compliance with the health care affidavit requirement of Mo.Rev.Stat. § 538.225 is mandatory....

 

HTML"Excusable Neglect" is a Real Standard Requiring Real Evidence
Bryan E. Mouber; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
May 30, 2014, previously published on May 12, 2014
In Garcia v. Ball, Plaintiff Garcia obtained a $522,400 default judgment against Defendant Ball. Plaintiff filed his petition for damages in excess of $75,000 on May 5, 2011 and served defendant on May 17. On July 7, plaintiff sent notice that in the event of default, plaintiff would seek judgment...

 

HTMLSenator Boxer Endorses the Pack Patient Safety Act
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
May 6, 2014, previously published on April 30, 2014
In the past forty years, things in America have changed dramatically over time. Consumer prices, technology, and even our foods have undergone dramatic shifts as the years have passed, but the cap on medical malpractice awards has not increased by a cent.

 

HTMLSupporting the Troy and Alana Pack Patient Safety Act
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
May 2, 2014, previously published on April 25, 2014
Medical malpractice in the United States is a much bigger problem than most citizens are aware of. While in 1984 it was estimated that 98,000 Americans per year died from medical errors, today that number is somewhere between 200,000 and 400,000. Even more patients suffer through the negligence and...

 

HTMLDeath Toll from Medical Negligence Reaches New High
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
April 8, 2014, previously published on April 2, 2014
Do 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...

 

HTMLRecent Decision of the Supreme Court of Florida
Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
April 8, 2014, previously published on April 7, 2014
We 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...

 

HTMLRecovery 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.;
Legal Alert/Article
March 28, 2014
The 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...

 

Adobe PDFJudicial Invasion into the Peer Review Privilege
Albert J. Engel, Stephanie C. Hoffer; Smith Haughey Rice & Roegge, P.C.;
Legal Alert/Article
February 14, 2014, previously published on February 12, 2014
Recently, 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...

 

Adobe PDFTen (10) Critical Events in a Medical Malpractice Case - From Initial Client Interview Through Trial
Feldstein Grinberg Lang McKee P.C.;
Legal Alert/Article
February 14, 2014, previously published by Gary M. Lang on February 12, 2014
Typically, the initial contact with a potential medical malpractice client comes via telephone call, either from the potential client or from a referral source.

 

HTMLABCA Opens the Door to Punitive Damages for Surviving Dependents
Angela Juba; McCarthy Tétrault LLP;
Legal Alert/Article
February 3, 2014, previously published on January 27, 2014
A 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...

 


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