Did Plaintiffs Impliedly Waive Physician-Patient Privilege Such That Ex Parte Interviews May Be Permitted in a Medical Malpractice Action?
The Supreme Court of Colorado undertook this complicated question in In Re Bailey v. Hermancinski, No. 17SA20, (2018 CO 14). In this original proceeding, the…
In a Medical Negligence Case, Should the Initial Provider Be Allowed to Present Evidence That a Later Provider’s Negligence Caused the Injury?
In Danko v. Conyers, No. 16CA1383, (2018 COA 14), the Colorado Court of Appeals took on this complicated question. David J. Conyers, M.D., (“Conyers”) performed…
In an Action Arising Out of Americans With Disabilities Act Violation, What Constitutes Standing, and Is Notice Required?
In Brito v. JP Antlers, LLC, No. 17-cv-01956-CMA-NYW, (D. Colo. 2018) the United States District Court D, Colorado, answered those questions. Plaintiff Carlos G. Brito…
In Redd v. DePuy Orthopaedics, Inc., No. 16-3428, (8th Cir., 2017) the United States Court for the Eighth District answered that question. In 2008 Judith…
In Adams v. American Medical System, No. 14-4057 (D. Utah, 2017), the Court of Appeals for the Tenth Circuit determines the timetable for the statute…
The United States Court of Appeals for the Tenth Circuit was faced with that question in Williams v. Corrections Corp., No. 17-7022 (10th Cir. 2017).…
For more than 50 years, the FDA never required Clomid to carry warnings suggesting birth defects associated with Clomid use prior to pregnancy.
What the damages were and why the Cohans suffered them were questions of fact for a jury to determine.
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.
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