LDM MedMal Forum2022-04-19T16:13:16-05:00

LDM MedMal Forum

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 [...]

29Jun, 2022

Don’t Let Medicaid Reimbursement Impact Settlements – SCOTUS Rules Medicaid Can Seek Reimbursement for Future Medical Expenses

By |June 29th, 2022|Categories: LDM MedMal Forum|0 Comments

The Supreme Court of the United States recently expanded the ability of states to recoup health care costs from accident victims under the Medicaid Act. The case, Gallardo v. Marstiller, involved injuries sustained by a plaintiff when she was hit by a motor vehicle as she stepped off a school bus [...]

19Jun, 2022

No, You Don’t Have to Talk

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

When recently defending my physician client in a medical malpractice deposition, Plaintiff’s counsel started asking questions outside the lines. I objected and he immediately retorted back that I did not know the Rules of Evidence and that his questions were legitimate. He claimed certain testimony privileges only apply in criminal [...]

15Jun, 2022

Strict Liability of Hospitals Under EMTALA

By |June 15th, 2022|Categories: LDM MedMal Forum, Litigation Tips, Medical Malpractice, Midwest Medical Legal Advisor|Tags: , |0 Comments

In 1986, Congress enacted the Emergency Medical Treatment and Active Labor Act (“EMTALA”), 42 U.S.C.S. § 395dd, which requires treatment of any person coming to an emergency department regardless of their insurance status or ability to pay.  This is commonly referred to as the “anti-dumping” law.  Although EMTALA is a [...]

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