Personal Injury › Professional Malpractice › Civil Procedure

Filing Indiana Med Mal Complaint via Third-Party Carrier Does Not Toll Statute of Limitations

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

Effective Use of Experts

The importance of expert opinion evidence in medical negligence litigation is well recognized. In Bafaro v. Dowd , Carpenter-Gunn J. states: Due to the specialized knowledge of the medical profession, expert evidence...more

What Time Limits Apply To Medical Malpractice Lawsuits?

If you suspect medical malpractice, taking prompt legal action is important because if you do not meet the deadline (statute of limitations) to file a lawsuit, you lose your right to sue. It is wise to consult medical...more

Appellate Notes: Week of April 1, 2013

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

Myth: San Diego Medical Malpractice Victims Always Have Three Years to File a Claim

The truth is, you may have significantly less time than you think to file a medical malpractice lawsuit. If you believe you are the victim of medical malpractice, the clock is ticking. If a claim is filed after the statute of...more

Shot Down by the Gunn: The Supreme Court Rules in Favor of Leaving Malpractice Cases Involving Underlying Patent Issues with State...

On February 20, 2013, the Supreme Court issued its opinion in the case of Gunn v. Minton. The heart of this matter is whether the state-based malpractice action based upon an underlying patent infringement lawsuit may be...more

Medical Malpractice: Defining The Standard Of Care In Oklahoma

"Standard of care" is a critical legal yardstick used in medical malpractice litigation to determine responsibility – or lack of responsibility – on the part of a medical practitioner for negative medical outcomes. The...more

Weekly Law Resume - December 20, 2012: California Supreme Court Affirms Express Delivery Provisions of Government Claims Act

Hope DiCampli-Mintz v. County of Santa Clara, et al. - California Supreme Court (December 6, 2012) - Government Code section 915(a) establishes the manner of delivery of a claim against the government. It requires that...more

Florida Statute Of Limitation In Personal Injury And Medical Malpractice Actions

A statute of limitation is a law that places a time limit on your ability to pursue a legal action. Unless there’s an exception, once the time limit expires, you lose your ability to file a lawsuit....more

Cintron v. Montefiore Medical Center

State of New York Court of Appeals Denial of Appellant's Leave to Appeal

In this medical malpractice action, defendant-respondent hospital, skillfully represented by Aryeh Klonsky and Esther Widowski of Widowski Law Group LLP, moved for summary judgment to dismiss the patient plaintiff's case. ...more

Weekly Law Resume - September 6, 2012: Third Party Settlement – the Common Law Release Rule

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

Toxic Tort and Environmental Law Update: September 2012 -- California Supreme Court Overturns Common Law “Release Rule”

In Leung v. Verdugo Hills Hospital, 282 P.3d 1250 (Cal. 2012), a unanimous California Supreme Court repudiated the common law “release rule,” which previously held that a plaintiff who settles with and releases one joint...more

Court Finds Hospital Can be Liable Where Doctors Were Apparent Agents and Claims Against the Doctors Could No Longer be Brought

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

New Decision Provides No Clear Answer to Complex Medical Malpractice Issue

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

Wrongful Death

UPDATED THROUGH SEPTEMBER 4, 2012 Product Liability – Tobacco. In an action by individual class member, did the trial court err in application of finding reached by jury and affirmed by Florida Supreme Court in class...more

Torts

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

Appellate Procedure & Jurisdiction

UPDATED THROUGH September 4, 2012 Harmless Error – Medical Malpractice. 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

Longstanding Liability Rule Abandoned by California Supreme Court

On August 23, 2012, the California Supreme Court overturned a common law rule that has been followed by California courts for more than 100 years. Under the common law release rule, which has its origins in English common...more

Admissibility of Social Security Disability Determination as Evidence of Causation in a Civil Suit

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

Weekly Law Resume - June 7, 2012: Defendant in a Personal Injury Action Must Prove Each of the Elements of a Claim for Medical...

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

‘Error in Judgment’ May Be Valid Defense for Medical Malpractice

The Pennsylvania Supreme Court is slated to hear the appeal of a medical malpractice case that could usher a controversial defense position back into Pennsylvania courthouses. Depending on the high court’s ruling,...more

Virginia Supreme Court Emphasizes Importance of Contemporaneous Objections

The recently handed down opinion of the Virginia Supreme Court in Arnold v. Wallace, 2012 Va. LEXIS 80 (April 20, 2012), highlights for personal injury practitioners of all types, including those of us who litigate in the...more

YOU NEED TO FILE A MOTION FOR PROTECTIVE ORDER!!

Over lunch last week, a local attorney was complaining to me about his case that is going to trial in July. On the last day to serve written discovery, Plaintiff counsel had served each of his five clients, on behalf of each...more

“The application of ‘proportionality’ has not reduced costs.” Discuss.

Short Essay describing the application of the concept of 'proportionality' in the English Legal Costs System. The essay outlines the areas where the concept has reduced legal costs, and where it has not....more

Illinois Court on Proving Liability for Medical Malpractice

Oftentimes, physicians are employed by more than one medical institution. This can make it difficult establish liability for negligent treatment in medical malpractice cases, since it is sometimes difficult to prove which...more