Medical Malpractice

Big verdicts, analysis of important decisions and trends

  • The Legal Intelligencer

    Improper Postoperative Care Led to Foot Amputation: Plaintiff

    By VerdictSearch | July 23, 2024

    On April 6, 2021, plaintiff Ronald Lewis, 72, underwent open vascular surgery at Reading Hospital to repair an abdominal aortic aneurysm and bilateral iliac aneurysms. Following the surgery, Lewis allegedly suffered a microembolism that led to an ischemic foot injury and a partial amputation.

    4 minute read

  • Daily Report Online

    Mediating Health Care Malpractice Cases

    By Jack Slover | July 22, 2024

    Preparing for the mediation ahead of time and creating rapport with both parties helps ensure a successful mediation. Even if the case doesn't settle at the mediation itself, these actions make it more likely to settle before trial, which benefits both parties.

    6 minute read

  • New York Law Journal

    Medical Malpractice Contingency Fee Schedule Needs Amendment

    By Alan W. Clark | July 19, 2024

    Judiciary Law section 474-a, as amended effective July 1, 1985 sets forth a contingency fee schedule and provision for application for increased fee in extraordinary circumstances. In practice, the fee schedule creates inherent conflict, is unfair and deprives many victims of malpractice the opportunity to hire competent counsel. Applications for enhanced fees are rarely granted. The proposed Amendment set forth in NYAB 7448 provides much needed changes to the Statute.

    21 minute read

  • New York Law Journal

    Cumulative Testimony in Medical Malpractice Defense

    By John Lyddane | July 18, 2024

    Cumulative testimony is generally excluded at trial based upon the sound discretion of the trial court, whose obligation it is to control the presentation of the issues to the trier of fact. This scenario arises in cases that involve expert witnesses from multiple specialties but may also occur when there are one or more missing witnesses.

    8 minute read

  • Daily Report Online

    'Repeated Discovery Abuses' Lead to Default Liability Judgment

    By Cedra Mayfield | July 17, 2024

    "[Dr. Chappuis] failed to disclose any of these text messages," read Judge Susan Edlein's order. "Importantly, he affirmatively stated there were no text messages."

    8 minute read

  • New Jersey Law Journal

    NJ Supreme Court Clarifies AOM Medical Records Review, Stresses Importance of 'Ferreira' Conference

    By Colleen Murphy | July 11, 2024

    "The AOM requirement should not be a minefield battle about hypertechnicalities; the requirement is a threshold issue only meant to weed out unmeritorious cases at the beginning of the case before discovery has taken place. The court's decision strikes the right balance on protection of a plaintiff's meritorious case from dismissal with prejudice at a time when many facts are still unknown with providing a defendant with notice that the claim as alleged has merit," said Christina Vassiliou Harvey, a partner with Lomurro Munson.

    5 minute read

  • The Legal Intelligencer

    Appeals Court Clears Counsel of Sanctions Ordered Under Phila.'s Med Mal Program

    By Aleeza Furman | July 9, 2024

    The Superior Court ruled that sanctions "must be based in the rules or supported by contempt law, and must be based on actions in the individual case, not a courtwide policy for imposition of sanctions."

    4 minute read

  • Daily Report Online

    Clock Reset: This New Ruling Is Good News for Plaintiffs

    By Cedra Mayfield | July 9, 2024

    "The Supreme Court made it clear that the General Assembly had the power to toll statutes of repose that it created," said appellant counsel Michael B. Terry. "This clarification may have impacts in a wide variety of cases."

    8 minute read

  • New York Law Journal

    Malpractice Claim Over Misdiagnosis of Tick-Bite Symptoms Is Reinstated

    By Brian Lee | July 5, 2024

    A 5-0 ruling, authored by Justice Christine Clark, of the Appellate Division, Third Department, said a trial judge should have greenlighted expert testimony on the standard of care.

    4 minute read

  • Connecticut Law Tribune

    New Haven Jury Returns $15.4 Million Verdict

    By Emily Cousins | July 3, 2024

    "I certainly hope that as a result of what happened here that the anesthesia providers who were involved learn that when time is of the essence, it means a patient's life is on the line," Kathleen Nastri said. "You can't just stand by and watch as a patient deteriorates."

    3 minute read

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