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Big verdicts, analysis of important decisions and trends
By Mason Lawlor | December 14, 2023
"From our reading of Mr. Vandergriff's complaint, several of the alleged actions and inactions that constituted the purported medical malpractice in the present case occurred after [April 14]," the appeals judge wrote. "The statute of limitations does not serve as bar to his lawsuit as to those incidents because Mr. Vandergriff filed his lawsuit within a year of their occurrence."
4 minute read
By Aleeza Furman | December 13, 2023
CHOP had previously evaded liability in the case, over the death of a 4-year-old boy, when a 2020 trial ended in a nonsuit in its favor.
3 minute read
By Colleen Murphy | December 12, 2023
"Here, it is not possible to identify any Alaris Health nurses who Kotz asserts were negligent because the AOM refers generally to the entire Alaris Health nursing staff over an extended period and indiscriminately combines the nursing staffs of two separate facilities," Judge Robert M. Vinci said.
4 minute read
By Marianna Wharry | December 11, 2023
"This decision is a win for the people of Washington, and hopefully will help inform the court's Article1, [Section] 12 analysis in other cases involving fundamental rights," Bailey told Law.com.
4 minute read
By Everett Catts | December 8, 2023
"[The defendant] is speciously trying to apply immunity for truly frontline workers to himself and trying to speciously apply Emory [Johns Creek Hospital]'s arbitration agreement for his conduct," plaintiff attorney Adam Malone said. "The trial court and appeals court rejected both of those arguments, [saying] they're not applicable to him."
7 minute read
By Brian Lee | December 4, 2023
Rubinowitz represented a client who suffered irreversible brain damage as a result of what he said was a hospital's delay in diagnosing a basilar artery stroke.
3 minute read
By Thomas A. Moore and Matthew Gaier | December 4, 2023
When notice of a medical malpractice claim is not filed timely and the statute of limitations to bring a motion for permission to serve a late notice of claim expires, a court is not required to grant relief. The only avenue for a claimant who failed to file timely may be to argue the municipal defendant should be equitably estopped from seeking dismissal. The application of this doctrine to notices of claim and municipal hospitals is the subject of this article.
16 minute read
By Alex Anteau | November 29, 2023
If that judgment doesn't fall in the plaintiff's favor, it will create a possible avenue for them to appeal.
4 minute read
By Everett Catts | November 28, 2023
"His arm was too close to the inside of the bore wall, and the machine was not set to the appropriate power to prevent him from burning in that position," plaintiff attorney Alex Weatherby said.
4 minute read
By Riley Brennan | November 28, 2023
"This was a hard-fought case on the medicine. We feel that the verdict reflects that the jury was more critical of [the defendants,] as this was the second visit to a doctor's office in a week's time with chest pain complaints without coronary artery disease having been ruled out by further cardiac testing," said Daniel Jeck of Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck.
5 minute read
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