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Documents on Medical Malpractice

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HTMLDental Malpractice and the Standard of Care
Hall Booth Smith P.C.;
Legal Alert/Article
August 14, 2014, previously published on August 7, 2014
A dentist owes a legal duty to those persons with whom she has a dentist/patient relationship. This relationship is the basis of her legal obligation to reasonably treat and care for her patients. So what establishes a dentist/patient relationship?


Adobe PDFBallot Initiative Number: 1606: "A Wolf in Sheep's Clothing"
Ryan Anderson, Darryl A. Ross; Wroten & Associates, Inc.;
Legal Alert/Article
August 6, 2014, previously published on Summer 2014
On October 10, 1911, California became the tenth state to adopt the voter initiative process. This process allows for Californians to petition to have new laws enacted or changes made to the California Constitution. This form of direct democracy gives the people the ability to create new laws or...


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...


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...


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...


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 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.


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