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Birth Injury and Cerebral Palsy Malpractice Claims
/ by Mark AbramsonI. Introduction:
In our experience, avoidable birth injuries make up the largest sub-category of medical negligence litigation. Brain injuries such as cerebral palsy can result from oxygen deprivation during labor and delivery. Needless to say, these are very difficult cases in every way. However, they can also be among the most rewarding when you are successful in getting a family the resources it needs to give the child a chance to thrive. Read more
Sidestepping the Repeal of Joint and Several Liability a Case Study
/ by Kevin DuganI. Introduction:
A little-known strategy recently helped us obtain a $7.5 million settlement for a paralyzed client despite the fact that the primarily liable defendant “only” had $1.5 million in liability coverage. A defendant who is less than fifty percent at fault may still be held responsible for all of the plaintiffs’ damages even though the Legislature expressly repealed joint and several liability for such defendants more than a decade ago. Read more
Medical Expense Discounts and the Collateral Source Rule
/ by Kevin DuganMedical Expense Discounts and the Collateral Source Rule
By
Kevin F. Dugan and Kenneth C. Brown
I. Introduction:
When a person injured in an automobile crash receives medical treatment, the provider may accept $750 from the patient’s health insurance carrier for that care despite the fact that the provider’s normal charge would be $1,000. Such discounts are becoming customary whether the patient is privately insured or is covered under Medicaid or Medicare. Defendants in personal injury cases, however, are beginning to ask trial courts in New Hampshire to limit plaintiffs’ recoverable medical expenses to the discounted amount rather than the customarily billed amount. Read more
Parental Consortium in Non-Death Cases
/ by Mark AbramsonI. Introduction
The validity of a claim for loss of parental consortium in a case where the parent has been seriously injured, but not killed, is a matter of first impression in this State. When our Supreme Court is squarely presented with this issue for the first time, New Hampshire should join the seventeen other states which have recognized this cause of action since 1980. The cause of action is a natural progression of New Hampshire common law, and it is supported by the public policy revealed in this state’s legislative enactments and constitutional provisions. Read more
Minimizing Liens and Maximizing Personal Injury Recoveries
/ by Mark AbramsonI. Introduction:
Liens complicate the resolution of nearly every personal injury case. Early identification of lien holders and knowledge of the circumstances under which liens may be compromised are essential to the favorable resolution of the client’s claims. Read more
HMO Liability Part III Return of the Plaintiffs
/ by Mark AbramsonI. Introduction:
This is the third in a series of articles addressing the controversial issue of HMO liability. 1 The primary focus of this article is the Pennsylvania Supreme Court’s ground breaking decision in Pappas v. Asbel 2 , in which the court ruled that negligence claims against health maintenance organizations are not preempted by ERISA. 3 Read more