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Day on Torts

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Medical Record-Keeping

The Doctors Company, a medical malpractice insurer, has published this article about keeping medical records.  An excerpt: The following entries should appear in the office or hospital records of each patient: Results of a patient’s physical examination, specifically noting the absence of abnormality. Patient history, a list of all medications…

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Chrylser’s Bankruptcy Filing – A Tort Lawyer’s Thoughts

If you are breathing and can read, you know that Chrysler has filed a Chapter 11 bankruptcy petition. I am not a bankruptcy lawyer.  I am not a corporate lawyer.  But the filing has some immediate consequences readily apparent to the reasonably prudent tort lawyer. 1. Pending Cases.  All tort…

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Can A Podiatrist Give Causation Testimony?

A Virginia trial judge refused to allow a podiatrist to give causation testimony in a FELA case where a railroad worker alleged his foot problems were caused by conditions in the workplace.  The Virginia Supreme Court has agreed to hear the case. Here is the wording of the assignment of error that…

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Work Life Expectancy Tables

Economists in personal injury cases and wrongful death cases often consider work life expectancy tables in calculating future economic losses. As explained on this website, "[m]any laypersons (and some experts) assume that [worklife expectancy] is the number of years until the person turns 65, the historic age for full social security…

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Sixth Circuit Issues Opinion of Expert Testimony

The Court of Appeals for the Sixth Circuit has issued an opinion upholding the admissibility of an medical doctor’s opinion on causation based on application of traditional differential diagnosis theory. In  Best v. Lowe’s Home Centers, Inc., (No. 08-5924) , _ F.3d _ (6th Cir. April 16, 2009)  the court reversed…

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Malpractice Concerning Pap Smears

One medical malpractice insurer, The Doctors Company, has an interesting article on medical malpractice claims concerning pap smears. Here is a excerpt from the article that discusses the scope of the problem: To put the potential magnitude of this problem in perspective, a College of American Pathologists (CAP) study of…

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Was Gov. Palin Advising a Miss USA Contestant?

Ms. Arizona was asked a question about universal health care during  her Miss USA pageant interview    Her response reminded me of  the frequent, mindless sound bites offered by the 2008 GOP candidate for Vice President of the United States.  Watch the video clip here. Universal health care – I can see it…

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