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T. Thomas Metier

Should Nebraska Adopt the Loss of Chance Doctrine in Medical Malpractice Cases?

What the damages were and why the Cohans suffered them were questions of fact for a jury to determine.

T. Thomas Metier

What Happens When One Party Does Not Want to Use its Own Expert Witness, and the Opposing Side Wants To?

The Court of Appeals says that the trial court did not abuse its discretion in denying the use of the defense’s expert witnesses by the plaintiff.

T. Thomas Metier

Who Bears the Burden of Proving an Underlying Judgment Would be Collectible in a Legal Malpractice Case?

The appeals court ruled in favor of the plaintiff, holding that the burden was actually on the attorney-defendant, not the plaintiff, to prove the judgment would have been uncollectible as an affirmative defense.

T. Thomas Metier

Can a Pro Se Litigant File a Medical Malpractice Claim as Executor of the Estate?

Assad’s complaint is a nullity and allowing him to represent the estate in this matter constituted plain error.

T. Thomas Metier

In a Negligence Case Against Multiple Tortfeasors, What Happens When Some Parties Settle?

The law says that after the claimant settles with a joint tortfeasor, the claims against others “shall be reduced by the amount of the released person’s share of the obligation as determined by the trier of fact.”

Darin Schanker

Medical Malpractice Crisis Myths(2)

The Center for American Progress has a series of short articles on medical malpractice, and it is worth giving a read. As the election shifts into overdrive, you can expect to hear a lot about this…