Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:
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Civil Sexual Assault Episode 3: Challenges Facing Survivors Seeking Redress Through the Civil Courts
The Keys to Assessing Sexual Abuse Claims - Civil Sexual Assault Episode 2
Civil Sexual Assault: Options for Redress
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Catastrophic Impairment: What it means and why it's important to you if you've been hurt in a car accident
What is Subrogation and How Does it Affect Settlement Amounts?
Superman's Legal Duty
Gene Grabowski on Pharmaceutical & Medical Devices
Best Practices: Institutional Response to Sexual Misconduct (Podcast)
What Money Damages Are Available In A Personal Injury Claim?
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Car Accidents and the Things You Need to Know
Webinar: Investigating and Resolving Sexual Assaults on Campus
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Money Talks: Safe Places & Breach of Security (Part I)
In 1975, Governor Jerry Brown signed the Medical Injury Compensation Reform Act (MICRA), capping recovery of non-economic medical malpractice awards at $250,000. Advocates for individuals and families injured by medical...more
On October 15, 2013, the Florida Supreme Court accepted review of a case to decide whether the retroactive application of the cap on noneconomic damages for certain medical malpractice cases found in section 766.118, Florida...more
Last term, the Florida Supreme Court upheld the constitutionality of a state plan that provides up to $100,000 to the parents or legal guardians of an infant found to have sustained a birth-related neurological injury. See...more
This week we talk about the Indiana Supreme Court decision Miller v. Dobbs that held, for purposes of the statute of limitations, that a medical malpractice action is filed with the Department of Insurance when the complaint...more
This week's post explores last week's Indiana Supreme Court decision State v. Doe that upheld the punitive damages statutory cap and allocation of 75% of any award to the state. We also take a look at what this decision...more
In this installment we discuss the recent Indiana Court of Appeals decision Moryl v. Ransone, which addresses the impact on the statute of limitations of filing a medical malpractice claim with the Indiana Department of...more
In This Issue:
- AC33703 - Sigular v. Gilson
- AC33557 - Filippelli v. Saint Mary’s Hospital
- AC34524 - Capel v. Plymouth Rock Assurance Corp.
- AC34221 - Nichols v. The Milford Pediatric...more
In 2011, a Michigan jury awarded $144 million to Kimberly Van Slembrouk for the injuries caused by Beaumont Hospital to her baby daughter during birth. The baby suffered irrevocable injuries when the hospital staff declined...more
Georgia adopted reforms of the tort laws regarding medical malpractice in 2005. However some doctors believe that these changes did not go far enough in addressing the issue of medical malpractice lawsuits in the state. They...more
A proposal under discussion in the South to dispense with juries in favor of a government agency to rule on medical malpractice is just the latest in a series of wrongheaded efforts to deprive victims of medical errors of...more
This week's article takes a look at the major Indiana Supreme Court decision in Robertson v. B.O. holding that where the healthcare provider has settled the case the Patient's Compensation Fund cannot contest liability....more
Aidan Ming-Ho Leung v. Verdugo Hills Hospital
California Supreme Court (August 23, 2012)
Where one tortfeasor settles with the plaintiff, but fails to obtain a good faith settlement, the common law rule relating to...more
This article discusses the recent decision by the Indiana Court of Appeals holding that a plaintiff's medical malpractice case against a hospital can proceed to trial where the doctors were apparent agents of the hospital and...more
This article discusses the recent Indiana Court of Appeals decision in Miller v. Dobbs that dealt with a very complicated procedural issue of Indiana Medical Malpractice law and resulted in an even more confusing result....more
Since 2003, Texas has enforced a strict cap on damages awarded through medical malpractice cases. Texas is one example of how tort reforms hurt the public and strengthen the insurance industry. A recent report on the changes...more
UPDATED THROUGH SEPTEMBER 4, 2012
Medical Malpractice – Harmless Error. Question certified: To avoid a new trial in a civil case, does the beneficiary of the error in the trial court have to show on appeal that it is...more
Suppose you need gall bladder surgery. Suppose there’s a prestigious urban teaching hospital nearby with lots of famous doctors and researchers who get a lot of media attention for all the ground-breaking work they do....more
Counsel defending serious toxic exposure or personal injury claims are often faced with a determination by the Social Security Administration (SSA) that the plaintiff is disabled. More importantly, the finding will often...more
Katerina Chakalis v. Elevator Solutions, Inc., et al.
Court of Appeal, Second District (May 18, 2012)
In Wylson v. Rittl (2003) 105 Cal.App.4th 361, the court held that a non-party medical doctor cannot be found...more
The United States Ninth Circuit Court of Appeals has issued an important decision underscoring how serious an obstacle the element of lack of probable cause can be in trying to establish a claim of malicious prosecuton. ...more
If you believe your care provider has caused serious harm by negligence or malpractice, consult an attorney about legal relief. But that’s using a machete, and sometimes the job requires a butter knife.
If you have a...more
The conservative Cato Institute is out with a new study arguing that putting limits on malpractice verdicts could be doubly bad for patients. It could result in both inadequate compensation for victims of malpractice, and...more
PacifiCare of California, et al. v. Bright Medical Associates, Inc. Court of Appeals, Fourth District (September 2, 2011)
Code of Civil Procedure Section 877.6 provides that one defendant who is a "joint tortfeasor" may...more
Elaine Carter, et. al. v. Prime Healthcare Paradise Valley, LLC Court of Appeal, Fourth District (August 12, 2011)
This case considers the factors that must be present for conduct to constitute neglect within the meaning...more
In an unpublished decision, Robins v. Kuhn et., the California Court of Appeal (Fourth Appellate District, Division Three) affirmed summary judgment for defendant attorneys, dismissing a former client’s suit for breach of...more