Professional Malpractice Personal Injury

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Court Nixes Litigation Standards Set by Pathologists

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

The Evolution of Informed Consent in U.S. Courts [Video]

Learn about the history of how informed consent has been handled by our court system - 202-742-1500. We also invite you to read more about the landmark case, Canterbury v. Spence:...more

Connecticut Court Holds Negligence Misrepresentation Claim Does Not Trigger Defense

In its recent decision in Pa. Gen. Ins. Co. v. Thakur, 2014 U.S. Dist. LEXIS 110251 (D. Conn. Aug. 11, 2014), the United States District Court for the District of Connecticut had occasion to consider whether a claim for...more

Appellate Court Notes

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

Understanding the Relationship Between Medicare and Medicaid Liens and Litigation

Behind many personal injury and professional malpractice cases lurks a nagging reality that will almost always impact settlement negotiations – a Medicare or Medicaid lien. In general, a lien is a security interest granted...more

Health Alert (Australia) - August 11, 2014

In This Issue: Judgments; Legislation; and Reports. - Excerpt from Judgments: Western Australia (WA) - 4 August 2014 - Frew v Donate Life (N.M.A.H.S.) [2014] WADC 96 - Workers' compensation - appeal...more

Palliative care – navigating the difficult path of informed consent

Medical practitioners are placed in a difficult position when close family members disagree about the treatment that should be provided to a loved one who is no longer capable of making his or her own decisions. ...more

What patients misunderstand about their right of informed consent [Video]

Many patients misunderstand what "informed consent" is all about. They often believe it's about signing a form ahead of surgery that acts as a waiver against any rights they may have for legal recourse if the surgery goes...more

Florida High Court Poised to Clarify Harmless Error Standard in Civil Appeals

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

Florida High Court Poised to Clarify Harmless Error Standard in Civil Appeals

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

Update on medical indemnity claims statistics – Trends and risk areas

On 11 July 2014, the Australian Institute of Health and Welfare released the latest in its series of reports on medical indemnity claims in the public and private sectors. The report examined claims made, current or...more

Torts – Standard for Elder Abuse v. Professional Negligence

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

Illinois Supreme Court Holds Wrongful Death Attorney Owes Duty to Decedent's Beneficiaries

A unanimous Illinois Supreme Court added a new complication for plaintiffs’ counsel handling wrongful death cases late last week, unanimously holding in In re Estate of Perry C. Powell that an attorney representing the...more

Claim Against Solicitors Summarily Dismissed by Reason of Advocate's Immunity

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 [2014] NSWSC, in which we acted for the...more

Johnson & Johnson Quietly Settles Three Transvaginal Mesh Cases in Missouri

After committing to fight each of the thousands of transvaginal mesh cases it is facing, healthcare giant, Johnson and Johnson (J&J) quietly settled three mesh-injury cases in Joplin, Missouri last month. The three women had...more

Appellate Court Notes

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

Social Media Roundup: The Top 5 Buzzing Issues

Here is a look at some of the hottest topics lawyers and others in the legal industry have been abuzz about: 1. BP’s change of heart over its settlement for the 2010 Deepwater Horizon oil spill disaster - In...more

Health Alert (Australia) - May 12, 2014

In This Issue: Judgments; Legislation; and Reports. JUDGMENTS - New South Wales (NSW)- 6 May 2014 - Health Care Complaints Commission v Khalsa (No 2) [2014] NSWCATOD 47 - This was an application...more

Health Alert (Australia) - May 5, 2014

In This Issue: Judgments; Legislation; and Reports: Excerpt from JUDGMENTS- New South Wales - 2 May 2014 - Health Care Complaints Commission v Qasim [2014] NSWCATOD 42 - This was a...more

Is the Error of Judgment Defense Still Available in Suicide Cases?

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

Health Alert (Australia) - 28 April 2014

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) [2014] TASHPT 1 - This was an...more

Argument Report: Illinois Supreme Court Likely to Find Wrongful Death Lawyer Owes Duty to Next of Kin

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

Do You Know About the Medical Malpractice Statute of Limitations in California?

Barry P. Goldberg, is called regularly about every kind of medical malpractice imaginable. Some of the first questions asked in those calls concern whether the potential claim is timely or possibly barred by the statute of...more

Eighth Circuit Affirms Disclaimer Based on Patient Bodily Injury Exclusion

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

Florida Supreme Court’s Decision in McCall v. U.S:

- Determined that the statutory caps on wrongful death non-economic damages (i.e., mental pain and suffering) provided in Section 766.118, Florida Statutes were unconstitutional because they violated the right to equal...more

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