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Tag Archives: Medical Malpractice

Discovery waives mandatory arbitration clause, court holds (access required)

A nursing home waived its right to compel arbitration after it used interrogatories to seek information from the plaintiff in a negligence suit, the Court of Appeals has ruled in an unpublished decision. "If you send discovery that is not necessarily going to be available in arbitration, you cannot then turn around and seek to compel arbitration," said the plaintiff's lawyer, Sam McGee (pictured). "The defense tried to distinguish [this case] from other cases by arguing that ‘this was only one little set of interrogatories.' But there is no magic number of interrogatories."

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Tort/Negligence – FTCA – Medical Malpractice – Army Hospital – Private Contractors – Gonzalez Act – Anesthesia – C-Section – Feres Doctrine (access required)

Glenn v. Performance Anesthesia, P.A. (Lawyers Weekly No. 10-02-0847, 15 pp.) (W. Earl Britt, Sr.J.) E.D.N.C. Holding: Since the defendant-anesthetists were working for the Army pursuant to a personal services contract, plaintiff’s only avenue for relief is the Federal Tort ...

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Tort/Negligence – Medical Malpractice – Rule 59(a) – Juror Misconduct (access required)

Cummings v. Ortega. The trial court did not commit legal error, nor did it abuse its discretion by admitting into evidence affidavits of two jurors alleging juror misconduct when considering a Rule 59(a) motion to set aside a jury verdict and subsequently refusing to reconsider its decision.

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Tort/Negligence – Medical Malpractice – Standard of Care – Proximate Cause – Civil Practice – Directed Verdict (access required)

Day v. Brant. (Lawyers Weekly No. 10-07-0662, 27 pp.) (Martha A. Geer, J.) Appealed from Iredell County Superior Court. (Chris M. Collier, J.) N.C. App. Holding: Even though plaintiffs’ proximate cause expert agreed on cross-examination that assigning percentages to a ...

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