Six Flags Not Liable For Woman’s Injury Fleeing From Clown

My sister was terrified of a giant clown that loomed over us every time we drove past a certain car dealership on Sunrise Boulevard. “Six Flags cannot take the fright out of Fright Fest, just as baseball teams cannot remove their bats and balls without fundamentally changing the game,” the opinion reads. Read more at: […]

Vicarious Liability Quacking Like A Duck

I got nuthin’. Wait … I do. Dear Hospital Counsel – stop litigating this nonsense. “Taking a broader view of the relationship between RMF and Burke, we emphasize that those parties deliberately chose to use the term ’employee’ in their agreement,” the appeals court said. “They could have used the term ‘independent contractor,’ but they […]

Missouri Hospital Keeps Trial Win In Shaken Baby Case

Duty to warn cases are important but the proof can be tricky. At issue on appeal is a jury instruction stating that jurors were to find in favor of the hospital if they determined that Lane’s then-boyfriend, Ben Andrews, had abused Hollis. Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1688549?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-06-14&nlsidx=0&nlaidx=4?copied=1

I Represent Victims of Nursing Home Negligence

SCOTUS is honoring some precedent. Their decision in Health and Hospital Corp. of Marion County et al. v. Talevski is inthe news today, The U.S. Supreme Court on Thursday refused to upend decades of precedent and allowed a nursing home resident’s family to sue an Indiana care home under the Federal Nursing Home Reform Act for […]

AI In Medicine and Law

As lawyers look forward to patient safety advances that AI may make available in medicine, it is important to keep an eye on the dangers as they appear in our own profession. Levidow Levidow & Oberman PC and its attorney Steven Schwartz told a New York federal court that they are “truly mortified” over submitting […]

Hospital Trickle Down

Hospitals can fail their communities when they aren’t run properly. Mismanaged finances can result in poor quality care. Executives and board members of the Maimonides Medical Center in Brooklyn have been accused of conspiring to divert hospital resources into their own pockets at the expense of patient care and community health in a proposed $500 […]

Falls In A Healthcare Setting Can Be Devastating

A three-judge Appeals Court panel reversed a Suffolk County judge’s dismissal of a suit alleging that nurse Orbelina Erazo, physical therapist Lauren O’Hara and their employer, Brigham & Women’s Faulkner Hospital, failed to properly assess the fall risks for patient Elizabeth Owens, which caused her to fall and fracture her hip following hip surgery. Read […]