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Day on Torts

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Federal Judge Rules That Certificate of Good Faith Must Be Filed in FTCA Med Mal Cases

Judge Mays of the United States District Court in Memphis has dismissed a medical malpractice case filed against the United States under the Federal Tort Claims Act because the plaintiff did not file a certificate of good faith as required by T.C.A. Sec. 29-26-122. Judge Mays held that the federal…

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Client Money in Lawyer’s Trust Account Held To Be Asset of Client

The Oregon Court of Appeals has ruled that client money held in a lawyer’s trust account can be counted as an asset for purposes of determining whether the client is eligible for Medicaid benefits. The case is  Dorszynski v. Department of Human Services,   Case No 20071851  (Oregon Ct. App. October 27,2010).…

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Plaintiff Can Recover Full, Undiscounted Medical Bills in Colorado

The Colorado Supreme Court has rejected a challenge to the collateral source rule and has ruled that a plaintiff may recover the full, not discounted, amount of medical bills in a personal injury case. In Volunteers of America Colorado Branch v. Gardenswartz, Case No. 09SC20  (Col. Nov. 15, 2010) the court explained…

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