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Pennsylvania Federal Court Reiterates EMTALA’s Inapplicability to Transfers of “Admitted Patients”

On February 23, 2015, the District Court in Baney v. Fick held that a patient’s complications arising from elective surgery do not fall under the purview of the Emergency Medical Treatment and Labor Act, 42 U.S.C. § 1395dd,...more

Is robotic surgery as safe as it sounds?

As technology continues to advance and change many areas of regular life, it has also begun to transform the way surgeons perform their craft. Since the year 2000, surgeries have been performed across the nation with the help...more

New Jersey Appellate Division Holds that Affidavit of Merit Must be Issued by a Professional within the Same Profession as...

Hill International, Inc. v. Atlantic City Board of Education, 2014 N.J. Super. LEXIS 177 (App. Div. Dec. 30, 2014) - The Superior Court of New Jersey, Appellate Division held that, in order to support of claim of...more

Will an Illinois doctor tell you when they make a mistake?

A study found in the Journal of Patient Safety estimates that 400,000 people die each year in hospitals due to preventable medical mistakes....more

Is vaginal mesh safe to use?

Vaginal mesh is commonly used for the treatment of pelvic organ prolapse (POP), a condition where an organ drops from its normal place in the lower belly and pushes against the walls of the vagina. Another common use for the...more

Misdiagnosis happens annually to millions of Americans

When patients turn to medical professionals for answers to their medical problems, they often expect these highly trained individuals to use their experience and expertise to find the correct diagnosis....more

Health Alert (Australia) - February 2,2015

In This Issue: Judgments; Legislation; and Reports & Publications. - Excerpt from Judgments: New South Wales (NSW) - Janet Harris v Sydney Local Health District [2014] NSWDC 21 - The...more

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

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