An Arizona jury last Friday awarded a landmark verdict of $11 million to the widow of a 36-year-old man with traumatic brain injury who died after ingesting foreign objects while in the care of Liberty Manor Residency, a Phoenix assisted living facility. The verdict included $2 million for the decedent, $5 million for the wife […]
Landmark $11-Million Dollar Verdict in Assisted Living Case Read More »
The North Carolina Court of Appeals released their opinion in Swink v. Weintraub today, which is one of the most favorable rulings to date on North Carolina General Statute § 90-21.12. The case effectively removes the “same or similar community” standard from applying to medical negligence cases, which would include nursing home cases, where the
Swink v. Weintraub – New 9j Ruling Released Read More »
North Carolina adheres to a harsh rule which excludes experts in medical negligence cases from testifying to breaches of the standard of care unless they can show familiarity with the standard of care in the community where the alleged malpractice occurred or a similar community. This rule of exclusion has resulted in numerous dismissals of
The NC Supreme Court on October 10, 2008 has affirmed a previous Court of Appeals ruling, in a case in which the plaintiff alleged that the defendant hospital obstructed justice when it destroyed or misplaced the plaintiff’s x-ray reports and medical records, after having been placed on notice of the plaintiffs request for the same,
Obstruction of Justice by a Health Care Provider Read More »