By: Elie A. Maalouf & Holly B. Haines I. Introduction Traditionally, the standard practice in New Hampshire when resolving medical malpractice and personal injury cases with outstanding healthcare liens had been for the plaintiff to warrant in the release that he or she would pay the lien and agree to indemnify the releasees in the […]
By: Elie A. Maalouf & Jared R. Green I. Introduction Our firm recently represented multiple clients in a series of medical malpractice cases against a hospital. All of the cases involved the same defendant-physician, however, each case comprised separate and distinct acts of medical negligence. After reaching a settlement in one case, the defense attorneys […]
By: Elie A. Maalouf & Nick E. Abramson I. Introduction Defense attorneys routinely assert the attorney-client privilege on behalf of their clients to preclude the disclosure of relevant facts despite the lack of any basis to do so. In medical malpractice cases, defense counsel often attempt to prevent their clients from answering deposition questions about […]
An article written by Shiva R. Mishra, MPH, Hsin Chung, PhD, and Michael Waller, PhD published in JAMA Network discusses the association between reproductive life span and the incident of nonfatal cardiovascular disease (CVD) in women. CVD is a group of diseases involving the heart or blood vessels, which includes hypertension, coronary artery disease, heart […]
By: Elie A. Maalouf & Jared R. Green I. Introduction Over thirty years ago, Congress enacted the Emergency Medical Treatment and Active Labor Act (“EMTALA”) in response to highly publicized incidents where hospitals were caught refusing service to indigent patients and even removing them from their premises and “dumping” them in areas with a large […]
By Elie A. Maalouf & Holly B. Haines1 I. Introduction In a recent medical malpractice case, one of the defendant doctors filed for Chapter 7 bankruptcy in the United States District Court for the District of New Hampshire, which automatically stayed the malpractice action pending in the superior court pursuant to 11 U.S.C. §362(a).2 To continue […]
In a recent Wall Street Journal article entitled “What Your Doctor Isn’t Allowed to Tell You,” Dr. John Levinson, a cardiologist at Massachusetts General Hospital and Harvard Medical School, explained why “many doctors consider [electronic health records] a pain in the neck,” highlighting the issues with electronic health records (EHR) and the obstacles precluding the […]
By Nick E. Abramson and Elie A. Maalouf[1] December 2017 I. Introduction: Despite clear law to the contrary, defense counsel in medical malpractice cases continue to engage in unauthorized ex parte communications with the plaintiff’s nonparty treating physicians. In fact, in a recent medical malpractice case, defense counsel casually mentioned during the deposition of a […]
21% of Americans have experienced a medical error, according to a survey conducted last spring. In addition to those errors experienced personally, 31% of Americans say they know someone whose care they were closely involved with who experienced a medical error. Almost half of those who perceived that a mistake had occurred reported the errors […]
A new study published by the Journal of the American College of Cardiology revealed that hospital patients who suffer cardiac arrest on nights and weekends are less likely to survive than those who experience a cardiac event on weekdays. Roughly 200,000 Americans are affected by in-hospital cardiac arrest (ICHA) and this number continues to rise. […]
