News & Analysis as of

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

Missouri Supreme Court Holds Federal Act Does Not Preempt Missouri Law Barring Subrogation Of Personal Injury Claims

In essence overruling a previous opinion from the courts of appeal, the Missouri Supreme Court has held that the Federal Employee Health Benefits Act (“FEHBA”) does not preempt Missouri law prohibiting the subrogation of...more

Apologizing For Medical Injuries...Is It Protected?

Under Florida law a person may make an apology to someone injured in an "accident" or to their family without the apology being admissible in court. Thirty-eight other states have similar laws which are generally referred to...more

Who Will Speak on Your Behalf? Choosing a Health Care Proxy

In New York, the law allows you to pick someone you trust to act as a proxy, or decision-maker, on your behalf to make health care decisions if you are unable to make them for yourself....more

Prescription Drug Errors: When Medical Care Becomes Dangerous

Health care providers are people we trust to solve our medical problems and to always put our best interest first. We have confidence that our doctors, nurses and pharmacists will provide the medications we need, often...more

When Defective Medical Devices Cause Injury

A medical device is a tool designed to facilitate providing a healthcare service to a patient. ...more

Quicky medical-legal exams – How common? How costly to personal injury claims?

We have been following a fascinating and well-written series of articles by New York State attorney Eric Turkewitz, about the ongoing case of a New York orthopedist accused of perjury for lying on the stand about the duration...more

Don’t Have an Advance Health Care Directive? Better Get One ASAP!

You probably don’t want to think about being in a condition that prevents you from making sound decisions about your own health care. However, tragedies can happen in a flash. Maybe you’re involved in an auto accident in Los...more

Women Injured From Transvaginal Mesh Entitled To Legal Recourse

Millions of women experience a weakening of the muscles in the pelvic region called pelvic organ prolapse (POP) that can cause certain organs — the bladder, bowel, urethra and uterus in particular — to “drop,” typically in...more

Minnesota Court Holds Patient Bodily Injury Exclusion Applicable

In its recent decision in Volk v. ACE Am. Ins. Co., 2013 U.S. Dist. LEXIS 15450 (D. Minn. Feb. 5, 2013), the United States District Court for the District of Minnesota had occasion to consider the application of a patient...more

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