Health 4 min read
Did Plaintiffs Impliedly Waive Physician-Patient Privilege Such That Ex Parte Interviews May Be Permitted in a Medical Malpractice Action?
The Supreme Court of Colorado undertook this complicated question in In Re Bailey v. Hermancinski, No. 17SA20, (2018 CO 14). In this original proceeding, the Supreme Court of Colorado considers the scope of the physician–patient privilege in a medical-malpractice action. The law prohibits medical providers…
Medical Malpractice 3 min read
In a Medical Negligence Case, Should the Initial Provider Be Allowed to Present Evidence That a Later Provider’s Negligence Caused the Injury?
In Danko v. Conyers, No. 16CA1383, (2018 COA 14), the Colorado Court of Appeals took on this complicated question. David J. Conyers, M.D., (“Conyers”) performed carpal tunnel surgery on Deborah Danko (“Danko”). According to Danko, Conyers negligently failed to detect an infection resulting from the…
The United States Court of Appeals for the Tenth Circuit was faced with that question in Williams v. Corrections Corp., No. 17-7022 (10th Cir. 2017). In this case, a federal prisoner, Mario Williams (“Williams”) filed an appeal to the grant of summary judgment in favor…
What the damages were and why the Cohans suffered them were questions of fact for a jury to determine.
What Happens When One Party Does Not Want to Use its Own Expert Witness, and the Opposing Side Wants To?
The Court of Appeals says that the trial court did not abuse its discretion in denying the use of the defense’s expert witnesses by the plaintiff.
Who Bears the Burden of Proving an Underlying Judgment Would be Collectible in a Legal Malpractice Case?
The appeals court ruled in favor of the plaintiff, holding that the burden was actually on the attorney-defendant, not the plaintiff, to prove the judgment would have been uncollectible as an affirmative defense.
Assad's complaint is a nullity and allowing him to represent the estate in this matter constituted plain error.
The law says that after the claimant settles with a joint tortfeasor, the claims against others “shall be reduced by the amount of the released person’s share of the obligation as determined by the trier of fact.”
Medical Malpractice 1 min read
Cruise lines and on-board doctors have been immune to medical malpractice lawsuits for decades. However, the United States Appellate Court recently made it easier for passengers to hold the ship accountable for negligent medical treatment, according to the Huffington Post. The Huffington Post recounted the…
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