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Articles Posted in Medical Negligence

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Delay in Obtaining Expert Results in Dismissal of Case

The Supreme Court of Mississippi has granted summary judgment in favor of a physician when the plaintiff failed to timely respond to discovery seeking information about plaintiff’s expert witnesses and did not timely file an expert affidavit opposing the summary judgment motion. Plaintiff maintained that she was entitled to more…

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Governor’s State of the State Address and Responsibility

Here is the text of the Governor’s State of the State Address. You will note that the Governor did not call for restrictions on the right of patients to hold doctors and hospitals responsible for their negligence. This is a good sign. You can be assured that this was not…

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Limitation of Actions and the Mentally Disabled

We all know that that a person who suffers from an “unsound mind” gets the benefit of a tolling of the statute of limitations under T.C.A. Section 28-1-106, which states that “[i]f the person entitled to commence an action is, at the time the cause of action accrued, either within…

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Michigan Decision: No Duty to Advise of Success Rate

The Michigan Court of Appeals has ruled that “[a]s a matter of law … a physician’s raw success rates do not constitute risk information reasonably related to a patient’s medical procedure.” There apparently was no (or little) evidence of affirmative misrepresentation on the issue. A verdict for the plaintiff was…

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Arkansas Case – Is it Appropriate to Charge the Jury in a Medical Negligence Case That A Defendant Can Assume That Another Provider Will Use Due Care?

Plaintiff settled a case with the hospital concerning care given by the nurses and proceeded to trial against the doctor. Over the plaintiff’s objection, the judge gave this instruction to the jury: “Every physician using ordinary care has the right to assume, until the contrary is or reasonably should be…

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