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February 23, 2018 | Daily Business Review

In Defense of Doctors: Not Every Physician Is a Criminal

Dr. Pramela Ganji had just finished her lunch when she was told that the appellate court had reversed and vacated her conviction. At first she didn't believe it.
5 minute read
January 22, 2018 | Daily Business Review

Medical Practice Cleared in Patient's Death

A medical practice that administered a physical was not help liable after the patient died due to rejection of a heart transplant.
1 minute read
December 19, 2017 | Daily Report Online

11th Circuit Stuns Defense, Revives Case of Officer Fired After Refusing Taser Shock

With one of three judges dissenting, the U.S. Court of Appeals for the Eleventh Circuit has revived a suit claiming a Union City police detective who was fired after refusing to be shocked by a Taser was subjected to illegal discrimination.
5 minute read
December 01, 2017 | Texas Lawyer

As Law Students Enter Finals, Schools Find Ways to Help With the Stress

As Texas law schools enter another final exam season in December, they know that students are stressed, and they're trying to help. On the lighter side, they distract students with fun events—puppies on campus—or relax them with neck massages. On a serious note, schools present students with information about appropriate and inappropriate ways to cope with stress, and they provide free counseling services.
7 minute read
October 02, 2017 | New York Law Journal

Hospital Liability Under Ostensible Agency

Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: When someone is admitted to a hospital as the patient of a private attending physician, the hospital may still be subject to vicarious liability under the doctrine of ostensible agency for physicians who become involved in the patient's care during the admission. This question commonly arises with anesthesiologists and radiologists, although it may also apply where any physician is assigned by a hospital to provide a service or a consultation.
14 minute read
August 25, 2017 | The Legal Intelligencer

Wentzel v. Cammarano, PICS Case No. 17-1254 (Pa. Super. July 19, 2017) Stevens, P.J. (17 pages).

Trial court abused its discretion in transferring venue in appellants' medical malpractice action back to county where premature newborn was hospitalized rather than letting it remain in county where cardiologist read test, diagnosed a condition requiring immediate treatment and made treatment plan but staff did not transmit the plan to hospital where child was in a timely fashion because the alleged negligent acts occurred in county where cardiologist was located. Order vacated.
5 minute read
August 18, 2017 | The Legal Intelligencer

BouSamra v. Excela Health et al, PICS Case No. 17-1243 (Pa. Super. July 19, 2017) Bowes, J. (33 pages).

The trial court properly held that the defendant corporation waived attorney-client privilege by forwarding attorney correspondence to an outside public relations consultant since the record did not support a finding that the consultant firm fell within the parameters of corporate employees or agents entitled to attorney-client protection. The appellate court affirmed a trial court discovery order.
6 minute read
August 08, 2017 | New York Law Journal

Shkreli Trial Was No 'Slam Dunk' for Prosecutors, Brafman Says

On Friday, former pharmaceutical executive Martin Shkreli, who faced eight counts in a securities fraud trial that lasted more than a month, was found guilty of three felony counts. But Benjamin Brafman, Shkreli's lead counsel and an attorney known for taking on famous—and, at times, infamous—clients like mob boss Salvatore "Sammy the Bull" Gravano, Sean Combs and Dominique Strauss-Kahn, says he's as proud of the outcome of the Shkreli case as he would be in a case in which his client won total acquittal.
9 minute read
August 08, 2017 | The Legal Intelligencer

Third Circuit's Take on 'Same Hire, Same Fire' Defense

When the same individual hires an employee and shortly thereafter fires him, it makes intuitive sense that discrimination almost certainly did not motivate the termination. After all, why would an employer hire an employee in a protected category and then use the protected category as a factor in the subsequent termination? The U.S. Court of Appeals for the Third Circuit, however, has consistently rejected what is often referred to as the "same hire, same fire" defense, as precluding a finding of discriminatory animus, finding it to be simply "evidence like any other ... ." The most recent test of this defense was in the case of McMullin v. Evangelical Services for the Aging, No. 2:16-cv-06660 (E.D. Pa. Aug. 2).
9 minute read
July 31, 2017 | Daily Business Review

Miami Attorneys Win $7.9 Million Med-Mal Verdict in 77-Year-Old's Stroke

Gary Fox of Stewart Tilghman won a $7.9 million verdict for a grandmother who suffered a paralyzing stroke.
8 minute read

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