Since November 2000, the New Hampshire Supreme Court has issued five opinions in medical negligence cases. The Court has recognized an important new cause of action and has applied settled law to interesting factual situations. The core element running through these opinions is the Court’s abiding respect for the jury system and its confidence in the ability of New Hampshire jurors to make difficult decisions on liability and damages.Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Mark Abramsonhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgMark Abramson2002-01-15 17:54:052017-04-15 22:37:53Recent Developments in New Hampshire Medical Malpractice Law
New Hampshire’s statutory privileges are strictly construed and are not to be extended beyond the text of the legislative enactment. Nevertheless, defendants in medical negligence cases frequently withhold important documents based on an overly-expansive view of the quality assurance privilege. A careful examination of New Hampshire’s statutory quality assurance privileges establishes that they are really quite limited in scope and that they apply to a very limited set of materials.Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Mark Abramsonhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgMark Abramson2001-10-15 17:43:322017-04-15 22:38:43Overcoming the Quality Assurance Privilege in New Hampshire Medical Malpractice Claims
A breast lump is the most common clinical breast problem causing women to seek treatment and remains the most common presentation of breast cancer.1More women in the United States are diagnosed with breast cancer every year than with any other cancer except skin cancer. Annually, about 180,000 cases will be diagnosed and 44,000 women will die of the disease. Many of these lives could have been saved by early detection.2Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Mark Abramsonhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgMark Abramson2001-04-13 19:31:342017-04-15 22:39:29Handling the Failure to Diagnose Breast Cancer Malpractice Case
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
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
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Kevin Duganhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgKevin Dugan2000-04-28 23:16:252023-10-29 18:57:09Sidestepping the Repeal of Joint and Several Liability a Case Study
Medical 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
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Kevin Duganhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgKevin Dugan2000-04-28 03:18:472017-04-28 03:19:09Medical Expense Discounts and the Collateral Source Rule
Recent Developments in New Hampshire Medical Malpractice Law
/ by Mark AbramsonI. Introduction
Since November 2000, the New Hampshire Supreme Court has issued five opinions in medical negligence cases. The Court has recognized an important new cause of action and has applied settled law to interesting factual situations. The core element running through these opinions is the Court’s abiding respect for the jury system and its confidence in the ability of New Hampshire jurors to make difficult decisions on liability and damages. Read more
Overcoming the Quality Assurance Privilege in New Hampshire Medical Malpractice Claims
/ by Mark AbramsonI. Introduction:
New Hampshire’s statutory privileges are strictly construed and are not to be extended beyond the text of the legislative enactment. Nevertheless, defendants in medical negligence cases frequently withhold important documents based on an overly-expansive view of the quality assurance privilege. A careful examination of New Hampshire’s statutory quality assurance privileges establishes that they are really quite limited in scope and that they apply to a very limited set of materials. Read more
Handling the Failure to Diagnose Breast Cancer Malpractice Case
/ by Mark AbramsonI. Introduction
A breast lump is the most common clinical breast problem causing women to seek treatment and remains the most common presentation of breast cancer. 1 More women in the United States are diagnosed with breast cancer every year than with any other cancer except skin cancer. Annually, about 180,000 cases will be diagnosed and 44,000 women will die of the disease. Many of these lives could have been saved by early detection. 2 Read more
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