Medical Malpractice Law: Orthopedic Malpractice
Proximate Cause - An Important Practice Tip for Personal Injury Lawyers
Hailey French’s Story – When millions barely cover the bills.
What happens if more than one person is responsible for an accident?
Catastrophic Impairment: What it means and why it's important to you if you've been hurt in a car accident
Shanta Greene’s cousin and his young son picked Ms. Greene up from her job as assistant manager at a Wendy’s restaurant in July 2010. As they drove along Bee Road and 42nd Street, a tree limb broke lose and landed on top of...more
I recently co-authored an article for Law360 entitled “Cornell Ruling Is Cause for Experts’ Concern,” which covered the ruling by the New York Court of Appeals in Cornell v. 360 West 51st St. Realty, LLC (2014 NY Slip Op...more
As promised, on May 22, today’s post is a study of the personal injury issues raised by the defendants in Parr v. Aruba.
In this post we raise the question and discuss what the parties believe the answer should be....more
On June 6, 2014, the 8th Circuit Court of Appeals reversed a district court decision excluding three experts, who were critical to the plaintiff to show causation, on the basis that they did not reliably rule out alternative...more
The South Carolina Court of Appeals recently had its second go-around with a workers’ compensation claim filed by a nurse anesthetist against a temporary medical staffing agency and against the hospital where that agency...more
A tort is a civil wrong that causes an individual to suffer harm, loss, or other injury. Generally speaking, the person who commits the tortious act is legally responsible for the victim's injuries. The theory of tort law...more
A jury in Dallas recently awarded $2.9 million to a Texas family in one of the first trials involving allegations that hydraulic fracturing caused nearby residents to suffer health problems and property damage. Although...more
Medical malpractice attorney, Chris Messerly, explains what types of injuries can be caused by orthopedic malpractice and the appropriate standard of care....more
California Court of Appeals affirms a jury verdict finding an insurer liable for settlement costs of its insured when the insurer refused to defend its insured in bad faith.
San Diego Apartment Brokers (“Brokers”)...more
Stop Using “Nap Nanny” Recliners, Says Consumer Product Safety Commission -
Many parents with infants look for comfortable chairs for their children, yet many of these products have dangerous defects. According to a...more
In many toxic tort cases, the date of exposure to the alleged toxin occurred years before the emergence of any symptoms of injury. For that reason, relatively simple rules for disclosure of medical proof may become more...more
It has been over thirty-five years since California became a leader in healthcare reform, addressing the malpractice insurance crisis in a measured way. In 1975, the Medical Injury Compensation Reform Act (“MICRA”) capped...more
The Human Rights Tribunal of Ontario has decided that it was not discriminatory for the Coroner’s Act to require mandatory inquests in construction and mining deaths, but not in farm deaths.
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
In this video, Carol Steinour Young of McNees Wallace & Nurcik LLC provides an important practice tip for personal injury lawyers when preparing their case for mediation or trial. In addition to focusing on duty, breach, and...more
In its recent decision in Metropolitan Prop. & Cas. Ins. Co. v. McCarthy, 2014 U.S. App. LEXIS 10622 (1st Cir. June 5, 2014), the United States Court of Appeals for the First Circuit, applying Maine law, had occasion to...more
SC19092 - Stafford v. Roadway -
The plaintiff, a “20 year old minor,” (admittedly experienced with drinking) filed a twenty-four-count complaint against the defendants for personal injuries allegedly sustained after he...more
As we approach summer and the beautiful Southern California weather, many of us are engaging in sports and recreational activities that could result in injury. Woodland Hills personal injury attorney, Barry P. Goldberg,...more
As doctors and law makers struggle to reduce the rate of opiate based prescription drugs emergency room visits from alprazolam (Xanax) have increased dramatically.
Cases of emergencies from misuse of Xanax ave risen from...more
Sea World has been at the center of a firestorm of publicity after the death of killer whale trainer, Dawn Brancheau, in 2010. Ms. Brancheau’s death was featured in the documentary film, “Blackfish.” She was apparently...more
The school year is swiftly coming to an end. If you are like many parents, you are scrambling to find entertaining, enriching activities for your children during the long summer months. Most children’s summer camps require...more
Barry P. Goldberg looks for all possible sources of recovery when his client's are injured. Often, that inquiry involves "vicarious liability" for the negligent acts of an independent contractor. At common law, a person who...more
American Medical Systems, Inc. (“AMS”) is a Minnesota based manufacturer of transvaginal mesh medical devices, which are support systems that are designed to correct stress urinary incontinence and pelvic organ prolapse....more
A review by the FDA finds no additional risk of myocardial infarcation (MI) or a heart attack when Pradaxa (dabigatran) is compared to Coumadin (warfarin). An MI occurs when blood suddenly stops flowing to parts of the heart...more
Sadly, the recent mass shooting by a disgruntled employee at a FedEx sorting facility in Georgia reminded the U.S. of the disturbing fact that the number of public shootings has been on the rise over the past several years....more
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