Entries by Elie Maalouf

Unethical Indemnity Issues in Settlement Releases

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 […]

“Shield” Misuse: Overcoming Improper Assertions of the Attorney-Client Privilege by Defense Attorneys in Medical Malpractice Cases

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 […]

Cardiovascular Disease in Women

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 […]

Medical Malpractice or Patient Dumping: New Hampshire’s Experience with EMTALA

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 […]

Electronic Health Records from a Doctor’s Perspective

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 […]

Violation! An Examination of Ex Parte Communications in the Context of Medical Negligence Cases in New Hampshire

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 […]

Nearly 1 in 5 Americans Have Experienced a Medical Error, Survey Reveals

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 […]