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My last blog post on this theme discussed the importance of analyzing damages prior to taking on a case. This blog post discusses a lawyer’s investigative responsibilities when determining whether to sign a client. B. Your Investigative Responsibilities Attorneys have an obligation to investigate the case prior to filing pleadings. For the plaintiff’s attorney, he […]
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I. INTRODUCTION One of the greatest challenges facing the attorney is achieving full and fair value for the case through settlement. If the settlement process fails, all counsel can do is attempt to achieve appropriate compensation from the jury, with considerable influence from the presiding judge. Once the jury begins deliberations, all control of the […]
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I want to commend Norman D. Tucker, a Michigan medical malpractice attorney, for his insightful blog entry on the fallacy of “tort reform,” including caps on damages in medical malpractice cases. Michigan first implemented caps on damages in 1994. The insurance industry lobby said it was necessary to keep healthcare affordable, to prevent doctors from […]
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My last blog post examined the new rules pertaining to the bifurcation of liability and damages in the medical malpractice context. Rule 702 was also amended to change the standards governing the admissibility of expert testimony. This blog post will examine the changes to the language and the potential ramifications. IV. WILL THE NEW […]
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My last blog post examined the relatively new laws implementing a one size fits all cap on noneconomic damages in medical malpractice cases. This blog post looks at the new law governing bifurcation of liability and damages issues in civil cases. While the new law applies to all civil cases, this post will examine its […]
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My last blog post examined the new laws and how they affect case selection in the setting of an “emergency medical condition.” This post discusses the draconian (and unconstitutional in my opinion) cap on non-economic damages in medical malpractice cases. B. Economic v. Non-Economic Damages Perhaps the biggest impact of the new laws is the $500,000 […]
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I. INTRODUCTION On October 1, 2011, S.L. 2011-400 (SB 33) and certain provisions of S.L. 2011-283 (HB 542) took effect. In the medical malpractice world, these laws have fundamentally changed the manner in which we approach these cases. Institution of a cap on noneconomic damages, as well as a change in the evidentiary burden in certain […]
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Two people were killed and one person was injured yesterday in a car wreck that occurred in Surry County, North Carolina. An SUV collided with a car on U.S. 21 north of the highway’s intersection with Mount Park Road. The wife of one of the victims suffered non life threatening injuries and was taken to […]
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03 Apr '14
Dozens of people were hospitalized after being poisoned by a gas leak and Virginia Produce in Hillsville, VA. Many of the people experienced nausea and headaches. Some were rendered unconscious. The affected people in Hillsville, which is about an hour north of Winston-Salem, North Carolina, were taken to various hospitals in Virginia. Some were airlifted to Duke […]
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Two people were killed this morning in separate tractor trailer accidents in Wythe County, VA, which is about an hour north of Winston-Salem, North Carolina. A portion of I-81 had to be shut down. In the first incident, a tractor trailer overturned and went into the lane of oncoming traffic. The tractor trailer driver managed […]
