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Personal Injury Professional Malpractice

Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:

What are the root causes of medical negligence?

Operating on the wrong extremity. Leaving a piece of equipment inside a patient after surgery. Failing to diagnose an illness. All are nightmare situations for a patient. But all are among the most-common types of medical...more

Elder Abuse: Caregivers are susceptible to the stress

Dealing with an aging parent brings about an emotional anguish that is as sad as it is stressful. Depending on the level of care a loved one requires – does he or she need help doing the laundry and preparing a meal or...more

Robinson v. Azer

Plaintiff's Closing Argument in Jury Trial for Orthopedic Surgery Malpractice

An 82-year-old patient who underwent a total knee replacement surgery ended up with a black leg that had to be amputated above the knee. This is plaintiffs' closing argument in a two-week jury trial alleging medical...more

HR 1215 — Taking Rights Away from Americans

The House of Representatives is trying once again to get HR 1215 out and into the Senate to make it the law of the land. This is a really bad law that takes away rights of Americans....more

“Sometimes Wrong, Never in Doubt” – A New Perspective?

Two recent studies of medical malpractice claims highlight how patient complaints may identify those surgeons at greater risk for complications, a significant decrease in paid medical malpractice claims since 1992, and the...more

Exposé: Illegal attorney solicitation runs wild in Detroit

by Michigan Auto Law on

Until the Attorney Grievance Commission finally takes action to stop it, Detroit will keep paying for illegal attorney solicitation of car crash injury victims... ...more

Trial Court Committed Error in Excluding Evidence of Future Affordable Care Act Benefits in Medical Malpractice Case

by Low, Ball & Lynch on

Cuevas v. Contra Costa County - First Appellate District, Division One (April 27, 2017) - In an ordinary personal injury lawsuit, a defendant may not introduce evidence of amounts the plaintiff received from insurance...more

Tort Reform Bill to Narrow Definition of Employee in Medical Negligence Actions

by Lathrop Gage on

SB 237 is a bill designed to limit the liability of hospitals and other healthcare providers for the actions or omissions of those who are not within a narrow definition of “employee.” SB 237 is designed as a legislative fix...more

You Should Know - March 2017

Proposed Law on Medical Malpractice and Nursing Home Abuse May Hurt Your Family - It’s already hard enough in many states to hold accountable those responsible for medical errors at nursing homes, clinics and hospitals....more

GOP campaigning to strip patients of key legal protections

We all know how con artists work the streets. One might bump into you in a train or in a crosswalk, while the other grabs your wallet. Or one might smile and chat with a mom at a playground, while her partner nabs the purse....more

Shouldn’t Congress Try to Save Lives of Americans?

What kills between 250,000 and 440,000 people in the United States each year; 700 deaths per day? What is the third leading cause of death in America? Isn’t it one of the responsibilities of the US Congress to...more

Frequently Asked Questions About Wrongful Death

The state of California, like other states, has its own version of a wrongful death statute. While many people confuse wrongful death with cold-blooded murder, in fact, a wrongful death happens due to the negligence or...more

Recent Arizona appellate decisions of note to providers

by Snell & Wilmer on

With change, breaking news, and uncertainty dominating the legal concerns of health care providers on a federal level, it remains important to review and refresh on state-level concerns and legal rules. This is especially...more

Reconstructive surgery required to future medical expenses

by Hogan Lovells on

Over the recent years, a lot has been said about the ever-increasing quantum of medical malpractice claims in South Africa in both the public and private sphere. In the public sector alone, the Gauteng Department of Health...more

Health Alert (Australia) January 23, 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth. Federal Court 13 January 2017 - Selia v Commonwealth of Australia [2017] FCA 7 - ADMINISTRATIVE LAW -...more

Medication Errors in Nursing Homes Harm Thousands Every Year

When we send our elders to an assisted living facility or nursing home, we expect them to be treated with dignity and given the proper medical oversight to live happy, comfortable lives. Unfortunately, nursing homes cause...more

What Can A Company Expect After Losing A Major Personal Injury Case At Trial? Getting Sued Again For The Same Injury, To The Same...

by Miles & Stockbridge P.C. on

For a company doing business in Maryland, navigating the landscape of survival and wrongful death claims can be succinctly summed up by the “Relationship Status” often seen on the profiles of Facebook users: “It’s...more

Torts – Statute of Limitations – General v. Professional Negligence

by Low, Ball & Lynch on

Manuel Nava v. Saddleback Memorial Medical Center, et al. - Court of Appeal, Fourth Appellate District (October 18, 2016) - Recently, in Flores v. Presbyterian Intercommunity Hospital (2016) 63 Cal.4th 75, the...more

Florida’s Second District Court of Appeal Declares Florida’s Non-Economic Damages Caps Unconstitutional in Medical Malpractice...

by Fowler White Burnett, P.A. on

In another unfortunate blow to Florida’s statutory caps on non-economic damages awards in medical malpractice cases, the state’s Second District Court of Appeal recently became the second of Florida’s five intermediate...more

Surgeon jailed in Dallas, as details unwind still of his terrible spine surgery spree

Just how difficult can it be to stop a highly credentialed but dangerous doctor from hop-scotching around a metropolitan area to perform brutal spinal surgeries in different hospitals, including a respected academic medical...more

U.S. Supreme Court to Weigh In On the Use of Nursing Home Arbitration Agreements

In yet another recent legal development regarding the use of arbitration agreements by nursing home owners and operators in connection with nursing home claims by residents against the nursing home, the United States Supreme...more

South Dakota high court won’t force hospitals to disclose why they let a bad doctor operate on patients’ spines

South Dakotans will need their state lawmakers’ help now to pry open physicians’ iron grip on secret decisions about which doctors get to practice in hospitals and why. That’s because the state’s Supreme Court ruled this...more

Florida’s Second District Court of Appeal Upholds the Enforceability of Arbitration Agreements in Disputes with Nursing Homes...

by Fowler White Burnett, P.A. on

For the second time in less than a month, a Florida appellate court addressed the issue of arbitration agreements and their enforceability as it relates to disputes residents of nursing homes may have with the nursing home. ...more

Recent Blows to the Use of Forced Arbitration Agreements by Florida Nursing Homes

by Fowler White Burnett, P.A. on

The Florida Supreme Court and the Centers for Medicaid and Medicare Services (“CMS”) recently dealt two blows to the use of arbitration agreements by nursing homes for any disputes they may have with their residents in...more

S. Dakota high court asked to pry open hospitals’ secret approval of brutal MD

South Dakota’s highest court has been asked to reject hospitals’ attempts to keep secret why a doctor, who also is a convicted burglar with a checkered medical past that could have easily been uncovered, passed a peer review...more

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