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Day on Torts

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Does a Lawyer Owe a Duty to An Adverse Party?

The defendant (Dr. Clark) in a civil case sued the plaintiff’s lawyers alleging “claims of negligence, intentional infliction of emotional distress, tortious interference with her business relationship with her insurance carrier and malicious prosecution. Dr. Clark sought compensatory and punitive damages arising from the filing and prosecution of the Dempsey…

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Florida Supreme Court Weighs In on Fees

Do you remember that Florida capped fees in medical negligence litigation? Severely? If not, see this post. Well, lawyers for plaintiffs gave plaintiffs the opportunity to waive the cap. Certain members of the bar (most of them with connections to health care providers) asked the Florida Supreme Court to adopt…

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Info on Car and Truck Wrecks, Injuries, Deaths and More

Do you want to know how many people died in traffic wrecks in Tennessee? In North Dakota? On two-lane roads? On interstates? If so, see this report from NHTSA and the United States Department of Transportation. An excerpt: “In 2004, the Nation’s crash fatality rate per 100 million vehicle miles…

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Medical Error Rate High in U.S.

A new study published in Health Affairs found that “[t]he United States often stands out with high medical errors and in-efficient care and has the worst performance for access/cost barriers and financial burdens.” The study looked at the health care delivery systems in Germany, Australia, Canada, New Zealand, the United…

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