Can Law Firm Partners Sue the Firm for Employment Discrimination?
March 01, 2004
Part One of this article discussed why law firms are susceptible to discrimination suits by their partners ' especially large firms. It also covered the threshold requirements for law firm partners to do so. In Part Two, the authors examine case law on determining whether a partner is an "employee" and how a firm's size and type of ownership can affect a partner's ability to sue for employment discrimination.
Verdicts
February 09, 2004
Recent rulings of importance to you and your practice.
Render unto Caesar
February 09, 2004
A 70-year-old man was admitted to the hospital for a bowel resection. Following surgery, the patient's condition worsened considerably; He spent months in the ICU on a ventilator, was fed through a gastrostomy tube, and his mental status waned. After some time, it was suspected that his deteriorating condition might be related to sepsis from a bowel perforation. Subsequent surgery confirmed this diagnosis. Attempts to repair the perforation failed, and, ultimately the patient died. Medicare paid the patient's medical bills, which exceeded $500,000. The patient's family commenced a lawsuit, alleging that the surgeon's negligence caused the bowel perforation. During the litigation, the Medicare Trust Fund sent a correspondence to the patient's estate, asserting a claim of reimbursement for the benefits Medicare paid from any recovery that the estate might obtain.
Med Mal News
February 09, 2004
A roundup of news items that may affect your practice.
<i>Voir Dire</i> of Expert Witnesses
February 09, 2004
<i>Voir dire</i>, or a preliminary cross-examination that takes place prior to the direct examination of an opposing expert's qualifications, is a useful, often under-appreciated, tool to preclude, limit, or discredit expert testimony. We addresses only evidentiary <i>voir dire</i> in this article, not <i>Daubert/Frye</i> hearings regarding the admissibility of scientific evidence.
Case Briefs
February 01, 2004
Highlights of the latest insurance cases from around the country.
Verdicts
January 01, 2004
Recent rulings of importance to your practice.
The 'Lost Chance' Theory of Recovery
January 01, 2004
Under the "lost chance" theory, a claimant's recovery is limited by the odds or likelihood that the event would have or will occur -- a departure from the "all-or-nothing" rule of recovery, whereby a claimant receives the full measure of damages if, but only if, the injury is "reasonably certain." If, for example, it is shown that there is a 20% chance that the plaintiff will suffer future harm, the plaintiff will be awarded 20% of what he or she would have been awarded had he or she sustained the injury.
Med Bytes
January 01, 2004
All about <i>Daubert's</i> Ghost...complete with Web sites. Also, a look at ECRI (formerly the Emergency Care Research Institute) is a nonprofit health services research agency. Its mission is to improve the safety, quality, and cost-effectiveness of health care. It is widely recognized as one of the world's leading independent organizations committed to advancing the quality of healthcare. ECRI's focus is health care technology, health care risk and quality management, and health care environmental management. It provides information services and technical assistance to more than 5000 hospitals and more.
Understanding EMTALA and the Courts
January 01, 2004
Because many attorneys who handle professional liability cases are not also involved in cases challenging government regulations, they may not be familiar with the weight that the courts often give to regulations and regulatory preambles such as those discussed in last month's article on the new Emergency Medical Treatment and Labor Act (EMTALA) regulations. This article should aid in filling any such gaps in the attorney's experience.
