News & Analysis as of

Worker’s Compensation Professional Malpractice

Read Worker’s Comp updates, news, and legal commentary from leading lawyers and law firms:

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19586 - Harrington v. Freedom of Information Commission - The Court started off by saying..... We have not previously had occasion to squarely address..... [this]...more

Workers' Compensation Update: Recouping Workers' Compensation Costs In A Subsequent Medical Malpractice Case

Suppose an employee with a work-related knee injury needs a total knee replacement. During surgery, however, the popliteal artery is inadvertently severed, leading to a medical malpractice claim against the operating doctor...more

California Court Of Appeal Issues A Utilization Review Determination To Watch

The Fourth Appellate District of the California Court of Appeal issued its determination in a dispute over utilization review in its opinion of January 5, 2016, Kirk King et al. v. CompPartners, Inc. et al, 2016 S. O. S. In...more

Health Alert (Australia) - September 7, 2015

by DLA Piper on

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments Australia. High Court 2 September 2015 - AstraZeneca AB v Apotex Pty Ltd AstraZeneca AB v Watson...more

Party Waived Untimely Defense To Arbitration, Notwithstanding Party’s Claim That Counsel Committed Malpractice

by Carlton Fields on

The court confirmed an arbitration decision awarding damages in favor of workers compensation insurers against various insured employee-staffing companies. One of the defendant companies contended that it never executed the...more

Appellate Court Notes

by Pullman & Comley, LLC on

- Supreme Court Advance Release Opinions: - SC19305 - State v. Francis - SC19305 Dissent - State v. Francis - Appellate Court Advance Release Opinions: - AC36500 - Castro V. Mortgage Lenders...more

Health Alert (Australia) - August 11, 2014

by DLA Piper on

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

The Impact of State Laws Limiting Malpractice Awards on the Geographic Distribution of Physicians

by Paul Parks on

This study examines the impact of State legislation that caps damage awards in malpractice cases on decisions of physicians about where to practice medicine. Twenty-four States now have laws that limit damage payments in...more

THE ROLE OF THE LEGAL NURSE IN CIVIL CASES: WITH A CASE EXAMPLE

by Paul Parks on

This article explains the role of the often overlooked and underused resource of the legal nurse, who can crystallize any medical-legal related issues. A case example is used to show how attorney's can benefit from this...more

VICARIOUS LIABILITY

by Paul Parks on

This article discusses how employers such as Hospitals can be vicariously liable for the torts of their employees, particularly doctors, nurses and other ancillary services that are committed during the course of employment....more

Personal Injury and Workers’ Compensation Round Up - May 26, 2011

by Howard Ankin on

Here’s what other personal injury and workers’ compensation lawyers have been talking about over the past few weeks: Are Congress’s Med Mal Reform Efforts Unconstitutional? (TortsProfBlog) North Carolina Proposes to...more

Extraordinary Writs Newsletter, Vol. 1, Issue 1

Extraordinary Writs is a newsletter published by Jordan Coyne & Savits LLP covering recent developments concerning civil litigation defense in the District of Columbia, Maryland, and Virginia....more

Personal Injury and Workers’ Compensation Round Up

by Howard Ankin on

Here’s what other personal injury and workers’ compensation lawyers have been talking about over the past few weeks: Truck Driver Has A Duty Not To Park Along Roadside (Day on Torts); Does Michigan have more truck...more

The New World of Work

by Marco Swart on

What are the trends going to be for personnel management in the years to come? From an employment law point of view, how will companies and employees relate to each other in these changing times? These questions were central...more

The Firm Inquiry

by Brown & James, P.C. on

The Firm Inquiry is a quarterly publication of Brown & James and offers legal updates, impacts of decisions and news from Missouri, Illinois, Kansas and Arkansas....more

Discussion of the defence of consent within the tort of battery context

by Krishan Thakker on

“If a person consents to what would otherwise be an unlawful touching, there can be no battery.” The issues which the preceding statement refers to revolve around how the defence of consent operates in the Law of...more

Is it always true that the reasonable person test 'eliminates the personal equation' (Glasgow Corp v Muir, per Lord MacMillan)?

by Krishan Thakker on

Negligence consists of falling below the standard of care required in the circumstances to protect others from the unreasonable risk of harm. Generally, the law regards this standard of care objectively, demanded by the...more

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