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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

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

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

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

Medical Malpractice Update - Spring 2013

I. 2013 Medical Malpractice Reform Legislation - In less than a month, the way medical malpractice cases are handled in Florida will change significantly....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

Jarmie v. Troncale

Majority Decision

Connecticut Supreme Court finds no duty to third party pedestrian based on alleged malpractice of physician in failing to warn patient of driving risks associated with hepatic encephalopathy....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

Medical Matters in a Multi-party Settlement

I wrote this article for attorneys. It illustrates the need for medical assessment in complex cases of personal injury. The setting was altered enough to protect identities in this high profile, multi-million dollar case. I...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

MIRTA RAMIREZ AS EXECUTRIX OF THE ESTATE OF NARCIZA TORRES V CRUZ ET AL

Decision and Order, Appellate Division, First Department

The New York Supreme Court, Appellate Division, First Department, affirmed the grant of summmary judgment by Bronx Supreme Court to our client in a claim involving the faiure to diagnose and treat colon cancer in a then 37...more

Cintron v. DEFENDANT HOSPITAL

Pre trial dismissal of high exposure medical malpractice actions provides tremendous cost savings to medical malpractice insurance...

Esther Widowski and Aryeh Klonsky of Widowski Law Group LLP successfully argued that defendant established its entitlement to summary judgment by showing that the treatment provided to plaintiff comported with good and...more

ETHICAL RESPONCIBILITIES OF HEALTHCARE PROFESSIONALS & FIRST RESPONDERS

With specialized knowledge and training all health care professionals are held to certain legal requirements, this article is dedicated to the first responders and the very important medical-legal concepts such as negligence,...more

New York Cerebral Palsy Lawyer from The Perecman Firm Sees Hope in a Protein that Prevents Cerebral Palsy-like Brain Damage in...

New York cerebral palsy lawyer David Perecman comments on new research from the Washington University School of Medicine in St. Louis. Scientists at the school recently have shown that a protective protein may help prevent...more

New York Erb’s Palsy Lawyer from The Perecman Firm Commends NFL Player Adrian Clayborn

New York Erb’s palsy lawyer David Perecman applauds Adrian Clayborn of the Tampa Bay Buccaneers. The defensive end is playing outstanding NFL football this season even with damage to his arm caused by Erb’s palsy. “His...more

Brooklyn Medical Malpractice Lawyer from The Perecman Firm Comments on Baby’s Death from a Lethal Dose of Antibiotics at a...

Brooklyn medical malpractice lawyer David Perecman comments on the death of a six-month-old baby at Brookdale University Hospital. Baby Amaan Ahmmad died after medical staff mistakenly gave him an adult dose of...more

And Here's Another Reason....

In our posts on medical monitoring, we have pointed out that even in those jurisdictions which do recognize this type of claim/damages, plaintiffs typically must show that the proposed medical monitoring regime is reasonably...more

New York Nursing Home Abuse Lawyer from The Perecman Firm Comments on the Unconscionable Abuse of Adult Home Residents in Brooklyn...

New York nursing home abuse lawyer David Perecman comments on the charges filed by residents at the Garden of Eden Home in Brooklyn. The residents claim that they were abused mentally, emotionally, and financially by adult...more

Getting the Best Medical Care: A Newsletter From Patrick Malone - October 2011

In this issue: "NNT" -- What It Means and Why You Should Care; Finding NNT's for Any Condition; and Eye-Popping NNT's for Breast Cancer Screening. Every single recommendation you will ever get for health care -- at least...more

Gray Areas of Informed Consent

Medical professionals are required to make sure patients are fully informed about a procedure in order to consent to it. In the United States, failure to obtain informed consent prior to performing a medical procedure is...more

Man Sues Doctor for Amputating His Penis in What Was Supposed to be a Routine Circumcision, New York Medical Malpractice Lawyer...

For New York medical malpractice lawyers, a medical malpractice lawsuit in Kentucky raises a serious question: Can a doctor decide to remove an organ or limb if he/she feels it will save a patient's life? New York medical...more

Carter v. Prime Healthcare Paradise Valley LLC

New Case Law or Business as Usual?--Understanding the Effects of Carter v. Prime Healthcare Paradise Valley LLC

On August 12, 2011, the Fourth Appellate Court of Appeals of California decided Carter v. Prime Healthcare Paradise Valley LLC and affirmed a San Diego Trial Court's ruling sustaining the defendant hospital's Demurrer to...more

Supervisor at New York State-run Facility for the Mentally Disabled Charged in Patient’s Death, New York Medical Malpractice...

New York medical malpractice lawyer David Perecman comments on the recent death of an autistic patient at a Staten Island mental health facility As reported by the New York Post, Jawara Henry, 27, died after being held in...more

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