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Polsinelli Podcast - Avoiding Professional Liability
Medical Malpractice Litigation
In Gomez v. Cabatic, 2018 N.Y. Slip Op. 00278, the Second Department upheld an award of punitive damages against a physician who was alleged to have destroyed portions of a medical record. The Gomez case involved a claim...more
In Gomez v. Cabatic, the New York Appellate Division, Second Department, affirmed the imposition of punitive damages in a medical malpractice case based on the defendant’s destruction of documents in an effort to avoid...more
This transcript is the trial court's ruling denying a defendant's motion for new trial and/or remittitur of the verdict amount ($8.35 million, a record in this court) in a medical malpractice case brought for a man whose...more
This brief was filed in successful opposition to a defense motion for new trial or to reduce a large verdict for the plaintiffs in a medical malpractice trial in the District of Columbia in 2017. The brief addresses issues...more
Massachusetts Federal Court Holds Proof of Testing of Proposed Alternative Design Not Required in Design Defect Claim, Evidence Plaintiff Ignored Defendant’s Warnings Did Not Establish He Was Sole Proximate Cause of Injury on...more