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Documents on Medical Malpractice, Health Care
 

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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...

 

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...

 

HTMLFetus 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;
Legal Alert/Article
January 31, 2014, previously published on January 2014
In 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...

 

HTMLIn-Hospital Falls
John J. Ratkowitz;
White Paper
January 13, 2014, previously published by Medical Malpractice Law and Strategy on November 1, 2013
This article discusses the published standards of care relating to fall prevention in hospitals.

 

HTMLPlaintiffs Beware - Case Law Updates
Dawn A. Sallerson; Hinshaw & Culbertson LLP;
Legal Alert/Article
December 19, 2013, previously published on December 17, 2013
Two 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...

 

HTMLD.C. Court of Appeals Holds that Trial Court Abused Its Discretion by Excluding Causation Testimony of Plaintiff’s Medical Expert in Medical Malpractice Case
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
November 22, 2013, previously published on November 2013
This case involves a medical malpractice claim advanced by the Plaintiff, whose wife had died at Georgetown University Hospital from severe liver failure. Plaintiff brought a medical malpractice action against his wife’s treating physicians, alleging failure to timely diagnose his...

 

HTMLExclusion of Expert Testimony When Opinion Not Disclosed Before Trial
Kathleen Hopkins Alsina, Jane R. Goldsmith; Phelps Dunbar LLP;
Legal Alert/Article
November 8, 2013, previously published on November 2013
A recent Mississippi Supreme Court case held that the trial court should have excluded testimony of an expert based on the fact that the expert’s theory at trial was an entirely new theory that was not disclosed before trial. In Cleveland, et al. v. Hamil, --- So. 3d ---. 2013 WL 4027103...

 


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