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20 Nov 2014, 12:17 am by tortsprof
On Tuesday in Harrisburg, the justices heard arguments over whether informed consent forms should ever be admissible in strict med mal cases (those without allegations of informed consent violations). [read post]
13 Jul 2018, 2:35 am by tortsprof
In a case of first impression at the circuit level, the Third Circuit ruled that TSA screeners are not law enforcement officers under the Federal Tort Claims Act; claims related to their conduct are barred by sovereign immunity: In a... [read post]
20 Jun 2019, 5:05 am by tortsprof
Two days ago, the Pennsylvania Supreme Court ruled that evidence of risks and complications associated with surgical procedures can be admissible in medical malpractice cases. [read post]
13 Feb 2017, 2:56 am by tortsprof
Marc Ginsberg has posted to SSRN Does Evidence of Common Insurance Demonstrate Relevant Expert Witness Bias in Medical Negligence Litigation?. [read post]
15 Apr 2020, 5:05 am by tortsprof
At Torts Today, George Conk is reporting the death of the attorney who won Henningsen v. [read post]
5 Jan 2015, 2:54 am by tortsprof
Wisconsin law allows only spouses, minor children, or the parents of minor children to sue for wrongful death in med mal cases. [read post]
8 Jan 2024, 4:45 am by tortsprof
In a recent case, an Illinois appellate court held that mental health providers can be held liable for the suicide of their patients, even if they are treating them on an outpatient basis. [read post]
15 Jul 2016, 8:39 am by tortsprof
This week, the Second Circuit endorsed the general proposition that certain types of bankruptcy asset sales bar successor liability. [read post]
5 Jul 2017, 1:28 pm by tortsprof
In a decision sure to reach the state's highest court, Wisconsin's $750K med mal cap on non-economic damages was ruled unconstitutional by an appeals court today. [read post]
7 Feb 2014, 12:21 am by tortsprof
On Wednesday, a Missouri House committee approved a $350,000 cap on non-economic damages in med mal cases. [read post]
6 Jul 2020, 2:39 am by tortsprof
A father has sued the owner of Hershey Park and the designer and builder of the Storm Runner roller coaster over an incident from June 2018. [read post]
28 Jun 2018, 1:27 pm by tortsprof
Yesterday, the Wisconsin Supreme Court ruled 5-2 that the $750,000 non-economic damages cap in med mal cases is constitutional. [read post]
14 Oct 2009, 2:05 am
The Congressional Budget Office estimated that a $500,000 cap on punitive damages and a $250,000 cap on pain-and-suffering damages would save $54 billion over ten years and lower liability insurance premiums by 10%. [read post]
13 Oct 2015, 5:18 am by tortsprof
Wisconsin law does not allow the parents of adult children to sue on their behalf for medical malpractice. [read post]
7 Sep 2011, 1:27 am by tortsprof
From an e-mail I received from Temple's Scott Burris: The Center for Health Law Practice and Policy (CHLPP) at Temple University is hiring a grant-funded, Injury Prevention Legal Research Associate to support the Pennsylvania Department of Health’s (PA DOH) Violence... [read post]