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Political Malpractice In America

 OK. This is one of those posts in which I won't be talking about medical malpractice, per se.  But I am keeping it related.  Because today I have to vent about political malpractice. There are no true...

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Clash of Ideas Over Metrolink Crash

 Andrew Cohen wrote an article about the disastrous Metrolink train crash in the recent Atlantic magazine.  It is entitled "The Real Victims of 'Tort Reform'." The point of it is that the arbitrary...

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When Sales Are At Stake, Tort "Reformers" Love The Civil Justice System

 It is reassuring to know that there are some constants in this topsy-trurvy world, and one of them is the solid, longterm relationship between the advocates of tort "reform," and hypocrisy. You know...

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Case of First Impression: No Subtleties In Arons Decision

 Every lawyer who handles medical malpractice cases in New York State knows about the Court of Appeals' decision in Arons v. Jutkowitz.  It gave defendants the right to obtain from plaintiffs...

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Judge Ann Pfau Joins New York's Effort at Early Resolution of Medical...

 What will Judge Ann Pfau (pronounced like "Chow") bring to the table when she begins taking part in New York's pilot program allowing for  judge-guided early resolution of medical malpractice cases?...

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When Will They Ever Learn?

According to Robert Pear's recent New York Times article, a new study shows that American hospitals vastly underreport errors in treatment of Medicare patients--errors which range from mistakes in...

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The Sad State of Damages

 A friend and fellow lawyer just asked me to look at a potential ophthalmology-related medical malpractice case. It was a hefty-looking file, and I had delayed starting my analysis for fear of how long...

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Lawyers and Online Marketing-a Hazardous Mix

 In Vilella v. AT &T,  a New York lawyer learned the hard way that the internet is chock full of unscrupulous sales people and tactics.  But perhaps the most important lesson for New York lawyers...

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What's New In Tort "Reform"? Nothing,Unfortunately.

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Guns Are Not Good For Children And Other Living Things

 The New England Journal of Medicine recently responded to the mass shooting of elementary school children in Newtown, CT, by publishing an article entitled "Preventing Gun Deaths in Children."...

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Silence Hurts: Hip Replacement Recall Rekindles Debate on Medical Ethics

It’s a difficult time to be someone injured through medical malpractice or products liability.read more

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For Some Automakers, Transparency Stops at the Windshield

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Remote Texting

Negligence: The failure to use such care as a reasonably prudent and careful person would use under similar circumstances. read more

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When Incompetence Is The Status Quo For Medicine

USA Today ran a disturbing article with a dramatic title earlier this week: read more

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