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Day on Torts

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No Fee From Rejected Settlement Proposal

Surprise! You cannot collect a contingent fee if your client rejects a settlement offer and later collects nothing. In this Louisana Supreme Court decision in the case of Cullpepper & Carroll v. Cole (No. 05-C-1136) attorneys sought a one-third fee of a rejected settlement proposal in an estate case. Check…

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Deaths from Medical Malpractice

It is getting worse. A study of patients in our Medicare population has found an alarming number of incidents and deaths. The study looked discharge records of Medicare patients and used 16 of “20 indicators for potentially preventable patient safety incidents that could be readily identified in hospital discharge data.…

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