LDM MedMal Forum2022-09-23T12:32:04-05:00

LDM MedMal Forum

19Sep, 2022

When Does the Clock Start? Bogue v. Gillis Clarifies the Continuous Treatment Doctrine in Nebraska

By |September 19th, 2022|Categories: LDM MedMal Forum|0 Comments

Understanding the statute of limitations for any case is an essential first step.  However, determining whether a claim was timely filed is not always clear in medical malpractice cases.  This is especially true when the patient continues receiving treatment after the alleged negligence. Under the Nebraska Hospital-Medical Liability Act, a [...]

26Aug, 2022

Document, Document, Document — Accurately!

By |August 26th, 2022|Categories: LDM MedMal Forum|0 Comments

In defending medical malpractice cases, we are often faced with issues pertaining to the accuracy of the medical records.  It was originally thought that Electronic Medical Records (EMR) would provide a completely accurate contemporaneous record of what occurred in the medical care.  Unfortunately, EMR is only as good as the [...]

18Jul, 2022

COVID and Juror Attitudes About Science

By |July 18th, 2022|Categories: LDM MedMal Forum|0 Comments

Fresh from a mistrial due to COVID causing the jury panel to be deficient in number, I was thinking of some non-scientific observations about jurors, jury selection, and jury pools during our ongoing COVID era. Some juror’s attitudes have changed our jury venire and the possible areas of inquiry to [...]

13Jul, 2022

Beware the Risk of the “Lapsed” License in Professional Licensure Actions

By |July 13th, 2022|Categories: LDM MedMal Forum|0 Comments

Despite practicing in only one state, many physicians maintain licenses to practice in multiple states.  Some maintain active licenses in states where they no longer practice just in case they decide to return at some time in the future.  Others allow the licenses to lapse and become inactive, having no [...]

6Jul, 2022

Iowa Supreme Court Applies Statute of Repose to “Failure to Inform” Cases

By |July 6th, 2022|Categories: LDM MedMal Forum|0 Comments

In Downing v. Grossman, an April 2022 decision, the Iowa Supreme Court reaffirmed that medical malpractice plaintiffs may not use allegations of fraudulent concealment to employ equitable estoppel to eviscerate the operation of Iowa Code § 614.1(9)’s a statute of repose when the alleged fraudulent concealment goes to the very [...]

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Experienced legal professionals discussing medical malpractice issues of interest to health care providers, risk managers, and attorneys.

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William Settles

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