This week, the 3rd Department decided on 3 cases on June 27, 2024. Learn more about each of these cases below. DeWolf v. Wayne County. In this occupational hearing loss claim, the Law Judge initially found for the...more
On June 24, 2024, the Superior Court of New Jersey Appellate Division rendered an unpublished decision that reiterated the significant deference given to Workers’ Compensation Judges (WCJ) in their assessment of medical facts...more
Trincia v. Dick’s Sporting Goods, 2024 WL 1110401 (Del. Super. Mar. 14, 2024) - Ms. Trincia filed a Petition to Determine Compensation Due that alleged she injured her cervical spine and left shoulder in a work accident on...more
This week appeared to be a busy docket for New York workers’ compensation cases. The 3rd Dept. released four opinions on Thursday May 30, 2024. Read their summaries below. Garofalo v. Verizon CV-23-1298....more
As a forensic orthopedic and spine surgeon, Dr. James Barlow has seen it all, but one case sticks out in memory. originally published by NCADA....more
Plaintiffs often disclose medical experts to opine not only as to the diagnosis or prognosis of an injury or medical condition, but also as to whether the defendant’s actions caused plaintiff’s alleged injury/condition. In...more
A carefully crafted advocacy letter will make an impactful first impression. Often, an advocacy letter is one of the first communications between an attorney or adjuster and the medical expert. Many advocacy letters...more
Key Takeaways - Effective immediately, the maximum allowable evaluating physician fee under the New Jersey Workers’ Compensation Act has increased from $600 to $1,000 The statute leaves the medical expert fee within...more
The Court of Appeal for Ontario in Levac v James, 2023 ONCA 73 [Levac] has unanimously upheld a trial judgment in a common issues trial regarding an infectious disease outbreak in respect of which the allegedly negligent...more
The plaintiff retained a life care planner, who was also a neurosurgeon, to calculate future medical care, including epidural steroid injections and facet joint injections, that were not recommended by either a treating...more
Last year, the California legislature enacted statutory changes ostensibly to limit the spread of misinformation and disinformation about COVID-19 by licensed physicians. 2022 Cal. Stats. ch. 938 (AB 2098). Two California...more
In an unreported opinion, the Pennsylvania Commonwealth Court has ruled that an employer’s medical expert presented on a pending termination petition does not have to testify that the claimant is fully recovered from a...more
I previously blogged on parenting time restrictions due to vaccination issues “No Vaccination, No Parenting Time“. The issue hasn’t gone away and it won’t for some time. The reality is that while the COVID-19 pandemic seems...more
Although product liability actions are governed by state tort law, they frequently find their way into federal court on diversity jurisdiction. In such actions, federal law provides the procedural rules and state law provides...more
Did you spend three years in law school learning medical definitions and abbreviations? What about how to organize records into hospital chart format? ...more
The Eleventh Circuit recently reinstated a case alleging a surgical tool caused internal burns during a hysterectomy surgery, holding that the district court erred in disqualifying an expert on the basis that he had never...more
If a medical expert has been compensated by an attorney, their law firm, or a party’s liability insurance company multiple times over the past few years to provide testimony, be ready for opposing counsel to seek discovery on...more
Obstetrics malpractice claims continue to be the most expensive within the medical malpractice arena. In 2019, there were several multi-million-dollar verdicts alone. During this one of a kind event, our unparalleled...more
All hospice providers routinely should assess risk exposure under the False Claims Act — now with the benefit of the U.S. Court of Appeals for the Eleventh Circuit’s long-awaited decision in United States v. AseraCare Inc. ...more
The Eleventh Circuit agreed with the trial court that the government must do more than present expert evidence that a physician’s clinical judgment was inaccurate to establish falsity under the False Claims Act. Nonetheless,...more
Often people are reluctant to use biomechanical engineers to assess claimed injuries from trauma. Biomechanical engineers, however, can provide helpful testimony and aid juries in making determinations. They can analyze the...more
This brief, practical article presents strategies for challenging claims of permanent injury without relying on a defense expert. Originally published in the Trial Advocate Quarterly, Winter 2018 Volume 37, Number 1. ...more
The Holding - In Cheatwood v. Christian Brothers Services, 2018 WL 287389 (D. Ariz. Jan. 4, 2018) (Unpublished) (Order), a bad faith case arising from a health benefits claim, the Arizona District Court quashed portions of...more