Latest

Medical Malpractice Claims and the Loss of Chance Doctrine

The “loss of chance” doctrine allows patients to recover when a doctor’s negligence reduces their chance of survival. Essentially, a doctor can be held liable for the value of the patient’s “lost chance” at surviving by negligent actions like delayed diagnosis. In 2013, the Minnesota…

By O'Keeffe O'Brien Lyson Attorneys

/ 24 Feb 2017

Can A Written Agreement Extend the State Statute of Limitations?

Can parties write an agreement that negates the law? This question was considered in a Ponzi scheme case C. Randel Lewis v. Steve Taylor, No. 13CA0239, Court of Appeals of Colorado, Division IV (Feb. 9, 2017). In 2006, Steve Taylor invested 3 million dollars with…

By T. Thomas Metier

/ 24 Feb 2017

When Are Pharmacy Mistakes Considered Malpractice?

A few months ago, I wrote a blog about human errors comprising one of the leading causes of death in U.S. hospitals and how many healthcare facilities called these events “nevers” (as in, they should never have happened in the first place). I think it’s important…

By Christopher T. Nace

/ 23 Feb 2017

When Are Pharmacy Mistakes Considered Malpractice?

Colorado Supreme Court Decides Personal Jurisdiction Over Ford Motor Co.

In 2013, John Magill’s 2007 Ford Fusion crashed into a vehicle driven by defendant Mark Polunci, which was the subject of the case in John Magill and Suzanna Magill v. Ford Motor Company, No. 15SA332 (Co. Sup. Ct. Sept. 12, 2016). Magill suffered severe injuries…

By T. Thomas Metier

/ 22 Feb 2017

When Does the Statute of Limitations Start to Run for a UIM Claim—The Date an Attorney Receives the Underlying Claim Check or When it is Endorsed?

Three days between the receipt of a settlement check and the endorsement of that check determined whether a personal injury victim could sue the insurance company in the case of Donna Kovac, v. Farmers Insurance Exchange, No. 16CA0167, Court of Appeals of Colorado, Division One…

By T. Thomas Metier

/ 20 Feb 2017

Colorado Supreme Court Takes on Offsets vs. Double-Dipping

In Arnold Calderon, Petitioner v. American Family Mutual Insurance Company, Respondent, Supreme Court Case No. 14SC494, Supreme Court of Colorado, En Banc (Nov. 7, 2016), Arnold Calderon was injured in a car accident by an uninsured motorist. Fortunately, Calderon had been paying premiums to America

By T. Thomas Metier

/ 17 Feb 2017

Barnett Hunting Crossbows Recalled Due to Defective Sensor

This past December, the US Consumer Product Safety Commission announced the recall of six models of Barnett Outdoors crossbows after hunters were seriously injured while using the crossbows. The recalled models are the Barnett Ghost 415 Monochrome Model #78044, the Barnett Ghost 415 Mossy Oak…

By Joseph H. Saunders

/ 16 Feb 2017

Does a Municipal Ordinance Override the Common Law in a Premises Liability Case?

Emma Andrade, Plaintiff-Appellant vs. Margaret Johnson, Defendant-Appellee, Court of Appeals No. 15CA1664, Court of Appeals of Colorado, Division V. (Oct. 6, 2016) is a district court case in Colorado Springs for damages she suffered when Andrade slipped and fell on a sidewalk adjacent to Johnson’s…

By T. Thomas Metier

/ 15 Feb 2017

Facts about E-Cigarette Explosions

E-cigarettes or electronic vaporizers are battery-powered devices that simulate tobacco smoking by producing a heated vapor. According to an October 2014 article by the U.S. Fire Administration entitled, Electronic Cigarette Fires and Explosions, E-cigarettes were first patented in 2003 and have bee

By Michael Phelan

/ 9 Feb 2017

Can You Sue a Doctor for Lying? The Truth May Surprise You.

Anyone familiar with the Hippocratic oath understands the undeniable bond between medical care and ethics—ideally, physicians are driven by the desire to help patients, not hurt them. Yet, harm does sometimes occur, and patients have the right to hold such doctors accountable in a court…

By Christopher T. Nace

/ 7 Feb 2017

Can You Sue a Doctor for Lying? The Truth May Surprise You.

Talcum Powder Ovarian Cancer Lawsuits Update

Johnson & Johnson Baby Powder has been implicated in hundreds of cases of ovarian cancer in women. Many women have used talcum powder for decades for feminine hygiene believing in the safety of the powder. Johnson & Johnson markets the product for “freshness” and “comfort”.…

By Joseph H. Saunders

/ 5 Feb 2017

NEW STUDY SUGGESTS IVC FILTERS ARE OVERUSED

Inferior vena cava filters (IVCF) are placed to prevent deep venous thromboses (DVT) from traveling to the heart and lungs, causing pulmonary embolism. They are considered life-saving devices that can prevent a patient from suffering a pulmonary embolism in cases where the patient cannot take…

By Andrew D'Arcy

/ 3 Feb 2017