Professional Malpractice Conflict of Laws Personal Injury

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Florida Constitutional Provision Mandating Disclosure of Adverse Medical Incidents Preempted by Federal Patient Safety and Quality...

The First District Court of Appeal in Florida recently held in Baptist Hospital of Florida, Inc. v. Jean Charles, Jr., No. 1D15-0109, October 28, 2015, that a Florida constitutional provision mandating disclosure of adverse...more

Medical Liability Reform – Iowa’s Communication and Optimal Resolution (Candor) Bill Effective July 1, 2015

On July 1, 2015, the Iowa legislature rolled out what is being heralded as its most significant medical liability reform of the past decade: enabling confidential “open discussions” between health care providers and patients...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

Burton v. U.S.A.

Memorandum OpinionD.C.

This is a federal judge’s memorandum opinion in a case concerning failure to warn a patient about his risk for pulmonary embolism from having his calf casted for treatment of a ruptured Achillles tendon. The judge awarded...more

Burton v. USA

Pretrial OrderD.C.

In a Federal Tort Claims Act case, a plaintiff suing the government needs to look carefully at choice of law issues to maximize potential damages. In this case, the problem was that the cause of action for wrongful death...more

Burton v. USA

Plaintiffs' Reply Brief on Choice of LawD.C.

In a Federal Tort Claims Act case, a plaintiff suing the government needs to look carefully at choice of law issues to maximize potential damages. In this case, the problem was that the cause of action for wrongful death...more

Burton v. U.S.A.

Plaintiff's Trial Brief on Choice of LawD.C.

This pleading persuaded a federal judge in the District of Columbia to apply Maryland law to loss of consortium damages in a Federal Tort Claims Act case that arose from negligent medical treatment at Walter Reed Army Medical...more

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