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Do You Know About the Medical Malpractice Statute of Limitations in California?

Barry P. Goldberg, is called regularly about every kind of medical malpractice imaginable. Some of the first questions asked in those calls concern whether the potential claim is timely or possibly barred by the statute of...more

Eighth Circuit Affirms Disclaimer Based on Patient Bodily Injury Exclusion

In its recent decision in Volk v. Ace Am. Ins. Co., 2014 U.S. App. LEXIS 6570 (8th Cir. Apr. 10, 2014), the United States Court of Appeals for the Eighth Circuit, applying Minnesota law, had occasion to consider the...more

Florida Supreme Court’s Decision in McCall v. U.S:

- Determined that the statutory caps on wrongful death non-economic damages (i.e., mental pain and suffering) provided in Section 766.118, Florida Statutes were unconstitutional because they violated the right to equal...more

Florida Supreme Court Holds Statutory Cap on Non-Economic Wrongful Death Damages in Medical Malpractice Actions Violates the...

In Estate of Michelle Evette McCall, et. al. v. United States of America, SC11-1148 (Fla. 2014), the Florida Supreme Court decided the following certified question: Does The Statutory Cap On Wrongful Death Noneconomic...more

Illinois Supreme Court Defines "Good Samaritan" in Medical Malpractice Case

Nearly every state has some variation on a "Good Samaritan" law. In Illinois, the statute says that any licensed medical professional "who, in good faith, provides emergency care without fee to a person, shall not, as a...more

A Brief Overview of the Case Law Regarding "Failure to Train" Claims - And Its Implications for Medical Device Manufacturers

In recent years, causes of action for “failure to train,” or allegations predicated on a duty to train, have been on the rise in cases against medical device manufacturers. Historically, however, such claims and allegations...more

Appellate Court Notes: Week of March 10

SC19095 - Edgerton v. Clinton / SC19095 Dissent - Edgerton v. Clinton - Town appealed a $12 million jury verdict when a volunteer fire fighter was sideswiped and then took off after the offending vehicle. He relayed to...more

Appeals Court Affirms Jury Verdict against Orthopedic Surgeons Society

An orthopedic surgeon who fought back and won a court case after the society of orthopedic surgeons slammed him for testifying that another surgeon had committed malpractice has now won an appeal of the legal case....more

Potential Liability for Wrongful-Birth Claims

On Nov. 14, 2012, in Sernovitz v. Dershaw, 2012 Pa. Super. 248 (Pa. Super. Ct. 2012), the Pennsylvania Superior Court held that 42 Pa.S.C.A. § 8305, which prohibited the tort claims of wrongful birth and wrongful life, was...more

Medical Malpractice Liability: Kazakhstan Law and Practice

Liability for medical malpractice in Kazakhstan remains poorly regulated. The Kazakhstan healthcare system has recently undergone a crucial transformation, with pending reforms designed to improve the quality of...more

Hospitals Can Be Held Liable for Elder Abuse

This past July, the Arizona Court of Appeals in Phoenix ruled that a senior citizen who was abused by hospital staff could sue the hospital for violating Arizona's Adult Protective Services Act. The court analyzed two cases —...more

Florida Appellate Court Construes Term "Legal Relationship" in Med-Mal Presuit Screening Rule

On January 3, 2014, Florida’s Second District Court of Appeal held, in a case of first impression, that a medical malpractice plaintiff’s direct notice to a medical provider of its intent to sue would also operate as notice...more

Washington Supreme Court Limits Attorney-Client Communications with Employed Health Care Practitioners

Last week's decision by the Washington Supreme Court in Youngs v. PeaceHealth has significant implications for health care providers that employ physicians (or other health care practitioners) and the attorneys who represent...more

Federal Authorities Cite Milwaukee County Mental Health Complex For Errors In Death Of Andre Harvey

On December 20, 2013, Andre Harvey died at the Milwaukee County Mental Health Complex (“the Complex”), after he was injected with sedatives and placed in physical restraints. Following Mr. Harvey’s death, the United States...more

Apologizing For Medical Injuries...Is It Protected?

Under Florida law a person may make an apology to someone injured in an "accident" or to their family without the apology being admissible in court. Thirty-eight other states have similar laws which are generally referred to...more

First Circuit Unable To Release Unsuspecting Victim Snared In Jurisdictional Trap

I would put the odds of a first-year law student getting through the first week of law school without hearing the phrase “trap for the unwary” at something south of 0%. Today’s post involves a decision highlighting a statute...more

Weekly Law Resume - Torts – Conflict Representing Client’s Employee at Deposition

Michael Yanez v. Brian Plummer - California Court of Appeal, Third Appellate District (November 5, 2013)- After a defendant’s employee was fired for providing deposition testimony different from statements provided...more

Health Alert (Australia) - 4 November 2013

In This Issue: - Judgments - Legislation - Reports - Excerpt from Reports: Australia. Department of Health & Ageing - ..1 November 2013 - GPs can now order subsidised magnetic resonance...more

Florida High Court to Examine Retroactive Application of Noneconomic Damages Cap in Med Mal Cases

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

Why Should an Investor or Business Conduct an Asset Search

If used properly and if conducted by a reputable asset search company, asset searches can be used as a valuable pre-investment tool for an investor, partnership, joint venture or other business entity before entering into a...more

Mackey v. Defranco

Plaintiff-Appellant's Opening Brief

Appellate Brief filed in the Third District of Illinois regarding the duties of consulting physicians who treat a patient remotely....more

Paul v Cooke – Breach unrelated to risk

The recent judgment of the New South Wales Court of Appeal in Paul v Cooke [2013] NSWCA 311 held that the scope of a negligent defendant’s liability does not extend beyond the occurrence of a particular risk that cannot be...more

Florida Supreme Court Poised Again to Clarify the Scope of the Discovery of Records of Adverse Medical Incidents

The Florida Supreme Court has accepted review of the Third District’s decision in Ampuero-Martinez v. Cedars Healthcare Group, 88 So. 3d 190 (Fla. 3d DCA 2000), (Case Nos. SC11-2208 and SC11-2336), which will decide when the...more

Prescription Drug Errors: When Medical Care Becomes Dangerous

Health care providers are people we trust to solve our medical problems and to always put our best interest first. We have confidence that our doctors, nurses and pharmacists will provide the medications we need, often...more

Florida High Court Upholds Florida's Birth Injury Compensation Plan (NICA)

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

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