Personal Injury Professional Malpractice

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Caution: Read (and understand) before signing…contributory negligence bars legal malpractice suit

Under North Carolina law contributory negligence is a complete defense to all types of negligence claims including legal malpractice. Summary judgment is appropriate in NC if a plaintiff is contributory negligent....more

The Overuse of Antipsychotic Drugs in Nursing Homes

Many nursing homes are improperly prescribing antipsychotic drugs to patients even though federal law restricts their use. Almost 300,000 nursing home residents are currently receiving antipsychotic drugs normally used to...more

3rd largest cause of death is medical errors, study says

Most patients enter Illinois hospitals with the expectation that they will receive high quality treatment from skilled, competent health care professionals. Unfortunately, recent research by a patient advocacy group indicates...more

Brain damage from birth injury leads to $32 million award

Birth injuries are often some of the most devastating injuries that a family can experience. When a healthy baby is expected, but preventable injuries occur due to the actions of negligent medical personnel, families are...more

Appellate Court Notes

AC35659 - Ceferatti v. Aranow - In this med mal case the Appellate Court held that leaving a sponge in the patient did not toll the SOL under the continuing course of conduct theory so as to avoid SJ in favor of the...more

"Damages" in an Injury Lawsuit: An Introduction for Lay People [Video]

Anyone who has survived a serious injury caused by someone else's fault wants to know what the legal system provides by way of hard dollars. In this video, attorney Alfred Clarke explains the different types of "damages" an...more

Your Deposition: What to Expect [Video]

Depositions sound intimidating to any lay person involved in a civil lawsuit. Whether the case is about a personal injury, a commercial dispute, an employment issue or any other kind of claim that winds up in civil court,...more

Health Alert (Australia) - November 17, 2014

In This Issue: Judgments; Legislation; and Reports. Excerpt from Reports: American Medical Association (AmMA) - 10 November 2014 - New American Medical Association Policy Works to Protect Patient...more

Bringing a Lawsuit to Find Out What Happened and Why [Video]

When a traumatic event has happened to someone, what is the point of seeing a lawyer? One basic reason is to answer the questions of what happened, why it happened, and whether anyone is at fault. This is particularly true...more

Subrogation: Piggyback Claims by Health Insurers in Injury Lawsuits [Video]

Injured people bringing lawsuits against whoever caused the harm need to know about "subrogation" claims. These are piggyback claims typically brought by a health insurer, seeking part of whatever the injury victim recovers...more

Who Can Sue the U.S. Government for Injuries? A Legal Primer [Video]

Anyone who is injured at a federal government facility - or injured anywhere in the United States by an employee of the U.S. government - needs to know about the Federal Tort Claims Act. This primer discusses who can and...more

Why Secret Settlements of Injury Lawsuits Are Bad (for Everyone but the Defendant) [Video]

Confidentiality agreements at the end of injury lawsuits are commonplace, but often are bad for the injured person, and bad for the civil justice system, in ways that lawyers sometimes don't think through. When settling a...more

Fewer Medical Malpractice Lawsuits Means Victims Go Uncompensated

Notable Declines in Medical Negligence Litigation - Medical malpractice laws exist so that victims of negligence can seek financial compensation for their injuries. When a healthcare professional behaves negligently,...more

“Uncollectibility” Is an Affirmative Defense to Legal Malpractice Claims in Washington

The Washington Supreme Court addressed two issues of first impression regarding legal malpractice claims in Schmidt v. Coogan, No. 88460-9, (October 9, 2014) and held: (1) that “uncollectibility” is an affirmative defense to...more

SCOVA Refuses to Incorporate Prior Discovery Rulings from Previous Non-suited Action

In Temple v. Mary Washington Hospital, Inc., et al., Record No. 131754 (Sept. 12, 2014), the Supreme Court of Virginia opined on an obscure, yet significant, issue related to the common practice of incorporating discovery by...more

High Court hears appeal on hospital’s duty of care to man murdered by mental health patient

Last week, the High Court of Australia heard argument in an appeal against the decision of McKenna v Hunter & New England Local Health District; Simon v Hunter & New England Local Health District [2013] NSWCA 476. The...more

Did the Federal Court Protect the Wrong Doctor?

Last week in a medical malpractice case in Alabama, a federal court denied the plaintiff’s motion to compel production by a hospital of the defendant doctor’s personnel file. The plaintiff believed that the file could show...more

Court Nixes Litigation Standards Set by Pathologists

What if a truck drivers' union tried to set standards for when juries could conclude that a driver was negligent in causing a motor vehicle wreck? Or what if a trucking company could defend its driver falling asleep at the...more

The Evolution of Informed Consent in U.S. Courts [Video]

Learn about the history of how informed consent has been handled by our court system - 202-742-1500. We also invite you to read more about the landmark case, Canterbury v. Spence:...more

Connecticut Court Holds Negligence Misrepresentation Claim Does Not Trigger Defense

In its recent decision in Pa. Gen. Ins. Co. v. Thakur, 2014 U.S. Dist. LEXIS 110251 (D. Conn. Aug. 11, 2014), the United States District Court for the District of Connecticut had occasion to consider whether a claim for...more

Appellate Court Notes

SC18942, SC18993, SC18994 - Perry v. Perry - Attorney appointed for a minor child cannot appeal the trial court’s award of only a portion of her fees w/o trial court permission. But that same attorney has personal...more

Understanding the Relationship Between Medicare and Medicaid Liens and Litigation

Behind many personal injury and professional malpractice cases lurks a nagging reality that will almost always impact settlement negotiations – a Medicare or Medicaid lien. In general, a lien is a security interest granted...more

Health Alert (Australia) - August 11, 2014

In This Issue: Judgments; Legislation; and Reports. - Excerpt from Judgments: Western Australia (WA) - 4 August 2014 - Frew v Donate Life (N.M.A.H.S.) [2014] WADC 96 - Workers' compensation - appeal...more

Palliative care – navigating the difficult path of informed consent

Medical practitioners are placed in a difficult position when close family members disagree about the treatment that should be provided to a loved one who is no longer capable of making his or her own decisions. ...more

What patients misunderstand about their right of informed consent [Video]

Many patients misunderstand what "informed consent" is all about. They often believe it's about signing a form ahead of surgery that acts as a waiver against any rights they may have for legal recourse if the surgery goes...more

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