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Showing posts with label medical malpractice. Show all posts
Showing posts with label medical malpractice. Show all posts
Friday, September 1, 2023

Acuerdo en inglés para arbitrar vincula al firmante de habla hispana aunque no lo entendió, tribunal concluye

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(English translation by Google: Agreement in English to arbitrate binds Spanish-speaking signatory even though he did not understand it, cou...
Tuesday, July 26, 2022

To channel cases into ordinary negligence or medmal, look to implications for medmal insurance, court says

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Paul Brennan via PublicDomainPictures.net A Massachusetts court sometimes might have difficulty distinguishing between claims of ordinary ne...
Friday, July 15, 2022

Statute of repose bars medical negligence claim over misdiagnosis of plaintiff's muliple sclerosis

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Evidence of MS in an MRI (James Heilman, MD, CC BY-SA 4.0 via Wikimedia Commons ) A Massachusetts medical malpractice case in March reminds...
Tuesday, June 8, 2021

'Error in judgment' jury instruction properly cuts room for doctor to escape liability for delay of surgery

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Ischemic bowel in CT scan ( image by James Heilman, MD , CC BY-SA 3.0 ) A doctor did not commit malpractice by awaiting test results before...
Sunday, February 28, 2021

State supreme court upends causation in tort law, promising plenty post-pandemic work for lawyers

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" Cause and Effect " by Marina Noordegraaf CC BY-NC-SA 2.0 The high court of Massachusetts, in a 3-2 decision , has effected a se...
Tuesday, September 22, 2020

Court rejects deep-brain-stimulation patient's contract, IIED claims against Boston nonprofit hospital

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A patient dissatisfied with deep-brain stimulation (DBS) to treat her depression could not prevail against her nonprofit hospital, the Massa...
Monday, August 31, 2020

Horrors at Oak Ridge Psychiatric amounted to assault, battery, but lacked intent for IIED, Ontario court rules

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From 1963 to 1988, patients involuntarily committed to the maximum-security Oak Ridge Mental Health Centre at Penetanguishene, Ontario, were...
Friday, April 3, 2020

'Game changer,' $2.5m punitive affirmance elucidates 'gross negligence' in medmal

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The Massachusetts Appeals Court in late February affirmed an award of $2.5m in punitive damages in a case of death from botched laparoscopi...

Battery, IIED in play if medical staff ignore patient's 'stop,' court rules

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Medical professionals may be liable for battery and intentional infliction of emotional distress for failing to heed a patient's withdra...
Thursday, April 2, 2020

Doctor's blog briefs COVID-19, medmal, learned intermediary doctrine, and addiction in legal profession

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Like you, likely, I am at home.  And one thing I can tell you about home:  This ain't Rwanda.  Where I was supposed to be.  Apologies in...
Monday, November 11, 2019

For Veterans Day, let's push through Congress bipartisan Feres doctrine waiver for medmal claims

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Veterans Day Painting.   (Details at end of story.) The Federal Tort Claims Act (FTCA) authorizes tort actions against the U.S. federal ...