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April 19, 2023 | New Jersey Law Journal

Appeals Court: Defendant Hospitals Must Allow Plaintiff to Inspect Medical Records' Metadata

"Plaintiff's request to have her expert review decedent's EMR, on screen and under defendants' supervision and control, in order to identify what metadata she wants copied and produced, strikes us as an eminently reasonable way to proceed under the circumstances," stated Judge Carmen Messano, in his written opinion for the court.
6 minute read
April 10, 2023 | Law.com

Circuit Court Misapplied Medical Liability in Wrongful Death Suit, Failed to Account for Immunity Laws, State High Court Finds

Morris' estate claimed that the physicians should have recognized Morris' symptoms of potential aortic dissection and should have ordered additional imagery or surgery to prevent his death.
4 minute read
April 05, 2023 | Corporate Counsel

GE HealthCare Welcomed New GC With Big Stock Awards

Frank Jiminez joined GE HealthCare in February 2022 and helped take it public in January of this year.
2 minute read
March 31, 2023 | New Jersey Law Journal

Essex County Jury Returns $20.9M Verdict in Med Mal Suit Over Double Amputation

Under the offer of judgment rule, Ogunkoya and his insurance company, ProAssurance, are liable for Sapp's legal fees and expenses incurred from the time they declined the offer of judgment until the verdict was returned, pursuant to the offer of judgment rule, subject to court approval, plaintiffs lawyer John Collins said.
5 minute read
March 29, 2023 | The Legal Intelligencer

Obtaining Nonparty Medical Records Without Violating HIPAA

The need for access to someone's health information arises in the field of medical malpractice litigation. Typically, the parties to such a litigation would have access to the alleged injured party's health records by authorizations provided by said party or the party's representative.
7 minute read
Law Journal Press | Digital Book Hospital Liability Authors: James Walker Smith, J.D., LL.M., Ph.D. View this Book

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February 22, 2023 | New Jersey Law Journal

On the Contrary: Appeals Court Declines to Extend 'Glassman' to Joint Tortfeasor Cases

In a published opinion, the New Jersey Appellate Division held that judicial estoppel does not prevent a plaintiff from reversing a position on the negligence of a settling joint tortfeasor at trial.
6 minute read
February 16, 2023 | The Legal Intelligencer

Don't Let Vestigial Claims or Parties Wreck Your Appeal

Would-be appellants' counsel must ensure that whatever orders they intend to challenge are in fact final, in that no "claims" or "parties" remain outstanding. In particular, counsel need to take special care that no "vestigial" claims or parties linger in the weeds of the litigation.
8 minute read
January 05, 2023 | The Legal Intelligencer

Pa. Lawyers Left Prominent Firms to Start Their Own Last Year

A Kline & Specter partner, a senior M&A counsel at Holland & Knight and a voting shareholder at Buchanan Ingersoll & Rooney all had compelling reasons to make new starts.
7 minute read
November 23, 2022 | New Jersey Law Journal

Ransomware: Data Held Hostage

Given the increasing frequency of ransomware attacks, organizations need to have appropriate policies and procedures in place before an attack occurs to limit data exposure and data loss and minimize the organization's downtime in the event of a ransomware attack.
8 minute read
November 22, 2022 | Daily Business Review

China Anti-Virus Curbs Spur Fears of Global Economic Impact

The rise in cases announced by the government Tuesday adds to pressure on officials who are trying to reduce economic damage by easing controls that confine millions of people to their homes.
5 minute read

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