Jan 11 2016

Rare RES IPSA LOQUITUR Victory For Bronx Plaintiff

                    Res ipsa loquitur is one of those archaic Latin phrases that actually has meaning in the present day. Literally, it means that the thing speaks for itself.  What’s “the thing”? Negligence. When an injury occurs that could not have happened in the absence of negligence, and […]

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Sep 19 2015

Jury Nullification In Medical Malpractice Cases Is Criminal

Most lawyers who represent patients injured or killed by medical malpractice are huge supporters of the 7th Amendment. It provides as follows: Seventh Amendment – Civil Trials. In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a […]

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May 29 2015

Marital Vows and Medical Malpractice

I am not a religious officiant. I have never become a Universal Life Minister, even for a day to marry close friends. But I know this: when you married folks promised to stand by him or her “in sickness and in health,” there were unspoken limits in that phrase.  For instance, if you were a […]

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