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Articles Posted in Medical Malpractice

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Are Doctors Selfish? The Defensive Medicine Paradox

Related Information Opposing View: Overlawyered Both doctors’ groups and medical malpractice lawyers are preening about a new study that shows that the cost of medical malpractice in the United States is 2.4% of annual health care spending. Medical malpractice lawyers say the study shows that medical malpractice tort reform would…

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Should You Ask for an Amount in Opening?

Paul Luvera discusses a tough issue for Plaintiff’s lawyers: do you clue the jury in during your opening statement how much you will ask for in closing? I struggle with this and often opt for a middle ground. I lay out the foundation of what I will ask for: medical…

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My Mediation Article with Judge Gordy

Yesterday, the Maryland Daily Record published the first of a three-part series I wrote with retired Judge Clifton J. Gordy (now a mediator and arbitrator) on mediation in serious personal injury and wrongful death claims. The article is for both plaintiff and defense lawyers looking to make mediations as productive…

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Lawyer v. Lawyer Lawsuit Decided By Maryland Court of Appeals

In a 6-1 opinion, the Maryland Court of Appeals decided Blondell v. Littlepage, affirming the Court of Special Appeals decision which rejected a tort and breach of contract lawsuit brought by a lawyer against a malpractice lawyer regarding a case he referred to her. The lawyer referred a cancer misdiagnosis…

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Illinois Malpractice Cap Ruled Unconstitutional

The Illinois Supreme Court made big news nationally when it issued its much-awaited opinion in Lebron v. Gottlieb Memorial Hospital> yesterday, The court overturned in a 4-2 ruling the Illinois five-year-old medical malpractice cap on damages because limiting compensation for injured malpractice victims for pain and suffering violated the Illinois…

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