Juror Misconduct Warrants New Trial In Birth Injury Suit

I was trying a Georgia med-mal case involving an infant with injuries caused by hydrocephaly when a juror brought a medical textbook into the jury room on the first day of trial. The Court discharged that juror the day it happened. This Tennessee case is like that except nobody noticed until it was too late. […]

Law Students Are Learning To Be Trial Lawyers In A “Flight Simulator”

Law students who would traditionally experience only a few courtroom scenarios over a semester have begun working with programs that can provide an entire array of courtroom curveballs, thanks to large language model artificial intelligence technology. Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1804884?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2024-02-21&read_main=1&nlsidx=0&nlaidx=1?copied=1 Based on real-life experiences, I have suggestions for “curveball” fact patterns to throw at these […]

Jury Awards $30M To Family Of 23-Year-Old Who Died From Ulcer

You don’t often hear about the frivolous and stubborn defenses that anger juries. David Dickey, who represents Hannah Waite’s parents, told Law360 on Friday that he proposed settlements of $250,000 to each doctor, but the defense refused and made no offers of their own. Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1803831?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2024-02-20&read_main=1&nlsidx=0&nlaidx=0?copied=1

Talk about an understatement …

I could – and do – tell a lot of stories about this. Over thirty years of working for and against large health care and insurance institutions – and expert witnesses responsible for the education of young doctors in training – makes me appreciate (immensely) professional efforts like this. Health law plays a crucial role […]

Cole Scott Faces DQ Bid In Fla. Crash Suit Over Atty

I’m not sure how having a personal relationship with co-counsel merits disqualification, but I know how an insurance defense lawyer using your attorney client communications from a previous case in which he represented you causes a serious problem. Sarah Stratemeyer’s motion to disqualify Cole Scott from the case alleges that the firm has a conflict […]

Insurance Coverage Issues and Fighting Through Delay

When insurance carriers and defense lawyers fight among themselves, the victims of negligence and defective products sometimes endure delays. The primary insurer for a Colorado climbing gear company said an excess insurer’s bid to get out of liability for a climber’s injuries should be heard in a Washington state malpractice suit, arguing in a motion […]