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Medical Malpractice Law & Strategy

Volume 27 - Number 6 | March 2010

March Issue in PDF Format


Circuit Court Says U.S. Tort Claims Must State Damages in ‘Sum Certain’
By Janice G. Inman
In a case that did not involve a medical malpractice allegation but that could affect the prosecution of cases against the United States for botched medical care, the U.S. Court of Appeals for the Third Circuit recently held that a lawsuit could not go forward until a "sum certain" in damages was alleged.

The Battle of the Experts
By John Ratkowitz
When complex medical issues are at stake in a trial, attorneys have to address not just the details of the science to allow the jury to engage in its search for truth.

Inquest on Damages
By Katherine W. Dandy and Max G. Gaujean
Because the issue of damages is so intertwined with the issue of causation in a medical malpractice action, and because such actions are unique in that a defendant doctor can be negligent without being the cause of any injury, the authors submit that a defaulting defendant should be permitted to introduce evidence on the issue of whether the claimed injury resulted from the alleged malpractice, or from another factor or factors, in whole or in part.

Med Mal News
Recent happenings you need to know.

Drug & Device News
The latest important news.

Movers & Shakers
Who's doing what; who's going where.

Verdicts
Recent rulings of importance to you and your practice.