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Articles Posted in Medical Negligence

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A New Attack on the Contigious State and Locality Rule?

The Arizona Court of Appeals has ruled unconstitutional a state statute that imposed certain requirements on expert witnesses in medical malpractice cases.  The statute required that experts be board certified in the same specialty as the defendant and mandated that the expert have practiced (or taught) that same specialty for…

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Are the Results of Med Mal Trials Accurate?

Here is an interesting post from Torts Prof Blog: "After all the time and money spent, aren’t the results of medical malpractice litigation extremely accurate? Although perhaps better than earlier studies indicated, malpractice results are imprecise. The Harvard School of Public Health study, in assessing how often medical error occurred…

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Court Decides Apparent Agency Cases Concerning Hospital-Based Physicians

The Tennessee Supreme Court issued its first two tort law opinions of the year yesterday, both dealing with the same subject: the potential liability of a hospital for the acts of a non-employed,, hospital-based physician.  The Court said  that "to hold a hospital vicariously liable for the negligent or wrongful acts…

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Medical Malpractice Notice and Certificate of Merit Bill Sent to Governor

The Speaker of  the House signed a bill yesterday that makes it more difficult for patients to bring medical malpractice actions.  The Senate Speaker signed the legislation last week and therefore the bill is on its way to the Governor. The legislation requires that a patient give at least 60…

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