"Damages" in an Injury Lawsuit: An Introduction for Lay People
Your Deposition: What to Expect
Trial by Jury: Why It Matters in a Democratic Society
The Burden of Proof -- What must plaintiffs prove to win their case?
Bringing a Lawsuit to Find Out What Happened and Why
Subrogation: Piggyback Claims by Health Insurers in Injury Lawsuits
Who Can Sue the U.S. Government for Injuries? A Legal Primer
Why Secret Settlements of Injury Lawsuits Are Bad (for Everyone but the Defendant)
How Big Tobacco Handles Lawsuits -- Attrition and Wait for Deaths
The Evolution of Informed Consent in U.S. Courts
How Auto Defects Can Cause Passenger Injury
What patients misunderstand about their right of informed consent
Blecker: GM Recalls Show Need for Harsher Penalties for "Red Collar" Criminals
Attorney Client Privilege
Proximate Cause - An Important Practice Tip for Personal Injury Lawyers
Understanding Supplemental Spousal Liability Insurance in NY
The Integrated and Coordinated Approach to Title IX Compliance
Hailey French’s Story – When millions barely cover the bills.
What happens if more than one person is responsible for an accident?
What is Subrogation and How Does it Affect Settlement Amounts?
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
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
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
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
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  NSWCA 476.
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
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
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
On June 20, 2012, the Florida Supreme Court accepted review of a Fourth District Court of Appeal case that certified the following question of great public importance: “In a civil appeal, shall error be held harmless where it...more
Gregory Worsham v. O’Connor Hospital, et. al. -
Court of Appeal, Sixth District (May 20, 2014) -
The Elder Abuse Act (“Act”) does not apply to simple or gross negligence by health care providers. This case...more
Advocate's immunity is a valuable defence for solicitors and barristers preventing the re-litigation of disputes by disgruntled litigants. The recent decision of Stillman v Rushbourne  NSWSC, in which we acted for the...more
SC18961 - Robbins v. Physicians for Women's Health, LLC -
The plaintiff filed this medical malpractice against a hospital, the doctor, the midwife, and the company (“PWH”) that bought the assets of the hospital after...more
Are courts becoming more liberal with the standards by which physicians are judged in failing to prevent suicides?
Traditionally, the professional judgment rule has been used by psychiatrists and other physicians as a...more
In This Issue:
Judgments; Legislation; and Reports.
Except from Judgments: 24 March 2014 - Tasmanian Board of the Medical Board of Australia v Dr David Edis (Ref No 4/2013)  TASHPT 1 -
This was an...more
Based upon the especially heavy questioning directed at the appellant during the recent oral argument in Estate of Powell v. John C. Wunsch, P.C., the Illinois Supreme Court seems to be contemplating holding that counsel who...more
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
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
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
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
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
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
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
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
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
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