I. Introduction:
Nearly every case is won or lost in discovery. Nevertheless, it is the subject of minimal judicial control leaving attorneys to operate on the honor system. When abuses occur, litigants often fail to alert the court because they feel that the damage has already been done. Moreover, as one court has said, “It is difficult to recapture in cold type the atmosphere of a discovery dispute; each individual incident may appear trivial in isolation but the totality of such incidents may add up to obstruction.”1
When discovery disputes have reached the courts, however, the judges have recognized the serious nature of the problem and have uniformly treated them very seriously. Judges in this state have shown the flexibility to remedy some seemingly irreversible advantages obtained unfairly, and, equally important, they have shown the ability to prevent additional abusive conduct by imposing strong sanctions for past transgressions. Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Mark Abramsonhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgMark Abramson1997-10-13 02:17:472017-04-28 02:18:48Discovery of Abuse in NH: What Happens When The Honor System Fails
In our previous article1, we offered an overview of the emerging area of tort law involving the liability of health maintenance organizations (HMOs) for medical injuries. In the process, we briefly introduced the complex issue of ERISA preemption.2 This article provides a more extensive analysis of ERISA preemption. Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Mark Abramsonhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgMark Abramson1997-08-28 01:54:582017-04-28 02:08:07HMO Liability Part II: Erisa Preemption & The Saga of Corporate Greed Continues
Nearly twelve years ago, Erline A. Reilly wrote that “most New Hampshire attorneys know nothing about nursing law.”1 As a lawyer and a registered nurse, Attorney Reilly had a unique insight into this issue. Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Mark Abramsonhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgMark Abramson1996-04-24 21:17:392017-04-24 21:18:15The Law of Nursing Malpractice
The number of legal theories which have been asserted against hospitals in medical negligence cases has increased dramatically in recent years. This can be explained by the courts’ gradual recognition that restrictions on hospital liability are generally inappropriate in light of the dual role that the modern hospital plays as both a community medical center and a corporate enterprise. In response to this realization, certain common law theories of vicarious liability have been adapted to the hospital-physician-patient relationship. Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Kevin Duganhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgKevin Dugan1994-10-15 18:52:042017-04-15 22:47:52Recent Developments in Hospital Liability
Discovery of Abuse in NH: What Happens When The Honor System Fails
/by Mark AbramsonI. Introduction:
Nearly every case is won or lost in discovery. Nevertheless, it is the subject of minimal judicial control leaving attorneys to operate on the honor system. When abuses occur, litigants often fail to alert the court because they feel that the damage has already been done. Moreover, as one court has said, “It is difficult to recapture in cold type the atmosphere of a discovery dispute; each individual incident may appear trivial in isolation but the totality of such incidents may add up to obstruction.”1
When discovery disputes have reached the courts, however, the judges have recognized the serious nature of the problem and have uniformly treated them very seriously. Judges in this state have shown the flexibility to remedy some seemingly irreversible advantages obtained unfairly, and, equally important, they have shown the ability to prevent additional abusive conduct by imposing strong sanctions for past transgressions. Read more
HMO Liability Part II: Erisa Preemption & The Saga of Corporate Greed Continues
/by Mark AbramsonI. Introduction:
In our previous article1, we offered an overview of the emerging area of tort law involving the liability of health maintenance organizations (HMOs) for medical injuries. In the process, we briefly introduced the complex issue of ERISA preemption.2 This article provides a more extensive analysis of ERISA preemption. Read more
The Law of Nursing Malpractice
/by Mark AbramsonI. Introduction:
Nearly twelve years ago, Erline A. Reilly wrote that “most New Hampshire attorneys know nothing about nursing law.”1 As a lawyer and a registered nurse, Attorney Reilly had a unique insight into this issue. Read more
Recent Developments in Hospital Liability
/by Kevin DuganBy Kevin F. Dugan and Randolph J. Reis
The number of legal theories which have been asserted against hospitals in medical negligence cases has increased dramatically in recent years. This can be explained by the courts’ gradual recognition that restrictions on hospital liability are generally inappropriate in light of the dual role that the modern hospital plays as both a community medical center and a corporate enterprise. In response to this realization, certain common law theories of vicarious liability have been adapted to the hospital-physician-patient relationship. Read more