I. Introduction
In a recent medical malpractice case, the defendant argued at mediation that the plaintiff was contributorily negligent for the recurrence of her cancer after the defendant failed to completely resect her tumor, leaving behind cancerous cells, and did nothing more to prevent recurrence. The defendant contended that the plaintiff was comparatively at fault for failing to obtain
genetic testing years earlier. In other words, the defendant claimed that our client was not entitled to competent medical care because she failed to obtain the recommended genetic testing, which more than likely would have led to diagnosis and treatment. Most courts, however, prohibit defendants in medical malpractice cases from making this very argument. We were able to reach a successful resolution for our client after presenting the substantial case law on this issue to defense counsel and the mediator and indicated our intention to file a motion in limine to preclude the defendant from introducing evidence of
the plaintiff’s fault if the mediation failed. This article will review the governing case law we cited at mediation.
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Jared Greenhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgJared Green2024-11-07 16:29:242024-11-07 16:30:17A Plaintiff’s Prior Negligence is Not Admissible to Establish Contributory Negligence
In a recent medical malpractice case, the defendant moved for summary judgement, arguing that the plaintiff’s estate could not recover tort damages because the plaintiff’s death by suicide was unforeseeable to the defendant medical provider. Although this matter resolved at mediation before the court ruled on the issue, it is our view that New Hampshire law does not prohibit pre-death or post-death damages where the decedent’s suicide was causally related to the harm that resulted from the defendant’s negligent conduct. This article will review the New Hampshire law on the subject, and it will discuss our objection to the defendant’s motion. Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Jared Greenhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgJared Green2024-08-07 11:38:492024-09-01 19:39:51Does a Plaintiff’s Suicide Bar His or Her Estate from Recovering Damages in a Medical Malpractice Case?
We recently obtained a favorable order in a complicated, highly litigated civil case in which Judge St. Hilaire found that it was proper for the court to exercise personal jurisdiction over a foreign corporation without any physical presence in New Hampshire, but which regularly communicated employment screening information to customers in New Hampshire over the Internet. This article will discuss the facts giving rise to this jurisdictional dispute and it will explain the court’s decision. Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Jared Greenhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgJared Green2024-03-16 17:21:282024-09-01 19:38:40An Example of Personal Jurisdiction in the Cyberworld
I. Introduction
Civil discovery necessarily implicates two diametrically opposed interests:
one party wants to obtain information that the other party has that may help
win the case, while the other party has information only it knows about that it
wants to avoid providing to its opponent. Both sides are understandably
motivated by their interest in prevailing in the litigation but the resulting
disputes often require intervention from the court. Our judicial system has very
clearly taken sides in this context. To serve the foundational policy in favor of
decisions on the merits,2 New Hampshire applies a strong preference for broad
discovery, subject only to common sense protections for obvious instances of
overreach. Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Jared Greenhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgJared Green2024-03-15 08:45:532024-03-15 08:48:05Relevance as an Objection to Discovery Requests in Civil Cases
In medical negligence cases, the dogged pursuit of complete audit trail data can help achieve favorable results. In a recent case, the defendant medical practice produced an incomplete audit log with its answers to the plaintiff’s discovery requests, which revealed that the defendant medical provider edited the medical record, but failed to identify what alterations were made. Our determination to discover the changes made by the provider ultimately paved the way to a successful resolution. This article will review the state and federal audit trail regulations that guided our pursuit of the audit data and it will demonstrate one of the many ways an audit trail can be used advantageously in a medical negligence case. Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Elie Maaloufhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgElie Maalouf2023-08-04 12:42:582024-09-10 07:08:41Audit Trail Use in Medical Negligence Cases
In the Estate of Lisa Chartier v. Apple Therapy of Londonderry, LLC,2the New Hampshire Supreme Court recently clarified the law with respect to bystander emotional distress claims. In the 4-1 decision, the Court held that the “accident” that must be contemporaneously perceived as required in Corso v. Merrill3 is “a sudden, unexpected, and shocking event involving serious physical injury to a third party,” settling an issue that has been litigated in New Hampshire trial courts for over 30 years. This article will discuss the background giving rise to this issue and it will summarize the Chartier decision.
A Plaintiff’s Prior Negligence is Not Admissible to Establish Contributory Negligence
/by Jared GreenBy: Jared R. Green and Elie A. Maalouf1
I. Introduction
In a recent medical malpractice case, the defendant argued at mediation that the plaintiff was contributorily negligent for the recurrence of her cancer after the defendant failed to completely resect her tumor, leaving behind cancerous cells, and did nothing more to prevent recurrence. The defendant contended that the plaintiff was comparatively at fault for failing to obtain
genetic testing years earlier. In other words, the defendant claimed that our client was not entitled to competent medical care because she failed to obtain the recommended genetic testing, which more than likely would have led to diagnosis and treatment. Most courts, however, prohibit defendants in medical malpractice cases from making this very argument. We were able to reach a successful resolution for our client after presenting the substantial case law on this issue to defense counsel and the mediator and indicated our intention to file a motion in limine to preclude the defendant from introducing evidence of
the plaintiff’s fault if the mediation failed. This article will review the governing case law we cited at mediation.
Read more
Does a Plaintiff’s Suicide Bar His or Her Estate from Recovering Damages in a Medical Malpractice Case?
/by Jared GreenBy: Jared R. Green and Elie A. Maalouf1
In a recent medical malpractice case, the defendant moved for summary judgement, arguing that the plaintiff’s estate could not recover tort damages because the plaintiff’s death by suicide was unforeseeable to the defendant medical provider. Although this matter resolved at mediation before the court ruled on the issue, it is our view that New Hampshire law does not prohibit pre-death or post-death damages where the decedent’s suicide was causally related to the harm that resulted from the defendant’s negligent conduct. This article will review the New Hampshire law on the subject, and it will discuss our objection to the defendant’s motion. Read more
An Example of Personal Jurisdiction in the Cyberworld
/by Jared GreenBy Jared R. Green & Elie A. Maalouf1
I. Introduction
We recently obtained a favorable order in a complicated, highly litigated civil case in which Judge St. Hilaire found that it was proper for the court to exercise personal jurisdiction over a foreign corporation without any physical presence in New Hampshire, but which regularly communicated employment screening information to customers in New Hampshire over the Internet. This article will discuss the facts giving rise to this jurisdictional dispute and it will explain the court’s decision. Read more
Relevance as an Objection to Discovery Requests in Civil Cases
/by Jared GreenBy: Jared R. Green & Elie A. Maalouf1
I. Introduction
Civil discovery necessarily implicates two diametrically opposed interests:
one party wants to obtain information that the other party has that may help
win the case, while the other party has information only it knows about that it
wants to avoid providing to its opponent. Both sides are understandably
motivated by their interest in prevailing in the litigation but the resulting
disputes often require intervention from the court. Our judicial system has very
clearly taken sides in this context. To serve the foundational policy in favor of
decisions on the merits,2 New Hampshire applies a strong preference for broad
discovery, subject only to common sense protections for obvious instances of
overreach. Read more
Audit Trail Use in Medical Negligence Cases
/by Elie MaaloufBy: Elie A. Maalouf & Nick E. Abramson
I. Introduction
In medical negligence cases, the dogged pursuit of complete audit trail data can help achieve favorable results. In a recent case, the defendant medical practice produced an incomplete audit log with its answers to the plaintiff’s discovery requests, which revealed that the defendant medical provider edited the medical record, but failed to identify what alterations were made. Our determination to discover the changes made by the provider ultimately paved the way to a successful resolution. This article will review the state and federal audit trail regulations that guided our pursuit of the audit data and it will demonstrate one of the many ways an audit trail can be used advantageously in a medical negligence case. Read more
New Hampshire Supreme Court Clarifies Law on Bystander Emotional Distress Claims
/by Jared GreenNew Hampshire Supreme Court Clarifies Law on Bystander Emotional Distress Claims
By: Jared R. Green1 & Elie A. Maalouf
I. Introduction
In the Estate of Lisa Chartier v. Apple Therapy of Londonderry, LLC,2 the New Hampshire Supreme Court recently clarified the law with respect to bystander emotional distress claims. In the 4-1 decision, the Court held that the “accident” that must be contemporaneously perceived as required in Corso v. Merrill3 is “a sudden, unexpected, and shocking event involving serious physical injury to a third party,” settling an issue that has been litigated in New Hampshire trial courts for over 30 years. This article will discuss the background giving rise to this issue and it will summarize the Chartier decision.
Read more