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By Alex Stein The Nevada Supreme Court has recently delivered an important decision that addresses the specificity requirement for affidavits of merit. Zohar v. Zbiegien, 334 P.3d 402 (Nev. 2014).
By Alex Stein Most, if not all, nursing homes have their residents sign an agreement to arbitrate any dispute or disagreement arising out of or in connection with the care rendered to the resident by the…
By Alex Stein An important development of the lost-chance doctrine recently took place in Rash v. Providence Health & Services, — P.3d —- (Wash.App.Div.3 2014). An 82-year old patient with a critical heart condition was hospitalized…
By Alex Stein Malpractice suits filed in connection with reproductive-choice procedures often present unique problems. The suit filed by Jami Conner against her former gynecologist, Dr. Bryan Hodges, is a case in point. The plaintiff, a…
By Alex Stein As I wrote in my book with Ariel Porat, Tort Liability Under Uncertainty, our torts system must develop systematic remedy for wrongful inflictions of evidentiary harm. The Florida Supreme Court’s recent decision, Saunders…
By Alex Stein Yes, those damages are now available. The Connecticut Supreme Court decision that affirmed their availability, Mueller v. Tepler, — A.3d —- (Conn. 2014), was widely anticipated.
By Alex Stein The West Virginia Supreme Court has recently delivered a super-important malpractice decision, Manor Care, Inc. v. Douglas, — S.E.2d —- (W. Va. 2014), holding that suits for nursing-home neglects sound in general negligence, rather…
By Alex Stein Anyone interested in medical malpractice must read the First Circuit’s decision in Sanchez v. United States, 740 F.3d 47 (1st Cir. 2014). Mr. Sanchez’s wife died in a Massachusetts hospital shortly after delivering her…
By Alex Stein Over at the CATO blog, Roger Pilon discusses the unfolding VA fiasco that involves hospitals covering up their failures to provide acutely needed services to veterans and doctors working in a slowdown mode…
By Alex Stein During an annual mammogram screening for breast cancer, the radiologist detects a nodule in the patient’s breast. The nodule is large enough to require a biopsy, but the radiologist prefers to schedule a…
