Do a Small Number of Physicians Account for Most Medical Malpractice Claims?
A study in the New England Journal of Medicine supports what most trial attorneys know intuitively. A substantial portion of malpractice claims are concentrated among a small number of physicians. This result is consistent with the fact that very few malpractice claims result in settlement, and even fewer go to trial. The majority of these claims are […]
How Specific Must Evidence of Deliberate Indifference to Medical Need Be?
APRIL 3, 2019 Today the Eleventh Circuit published a useful opinion for civil rights attorneys. See Taylor v. Hughes, 11th Cir. Case No. 17-14772, available here. The case involved an individual who was found drunk in his vehicle. He insisted he had been in an accident. Some evidence reflected that he had physical injuries consistent with a […]
Can You Attack an Expert Affidavit on Daubert Grounds?
Georgia law requires that attorneys support professional negligence claims with an expert affidavit. O.C.G.A. § 9-11-9.1 Can defendants challenge that affidavit on Daubert grounds? (Codified in Georgia as O.C.G.A. § 24-7-702). If so, does Rule 702 apply in the usual manner? At least nominally, Rule 702 does apply. O.C.G.A. § 24-7-702(e) provides that “An affiant shall meet the requirements of this Code […]
Are Forum Selection Clauses and Class Action Waivers Enforceable in Georgia?
ARE FORUM SELECTION CLAUSES AND CLASS ACTION WAIVERS ENFORCEABLE IN GEORGIA? MARCH 21, 2019 Kurt Kastorf appeared before the Eleventh Circuit to defend a district court decision on the scope of Georgia’s Payday Lending Act. The district court held that both a forum selection clause and a class action waiver were unenforceable in an action […]
Guide to HITECH Act Letters
Important Update On January 23, 2020, the United States District Court for the District of Columbia issued an opinion vacating the “third-party directive” of the individual right of access under HITECH. This decision places in doubt the ability of attorneys to use HITECH to obtain electronic medical records at a reduced cost. Read Kastorf Law’s […]
Defeating Reptile Theory Motions in Limine
Kurt Kastorf has responded to hundreds of motions in limine. Call him to discuss the motions you are facing in your case. Has opposing counsel filed a Motion in Limine to exclude “Reptile Theory?” This article, published in Verdict Magazine, explains how to craft an effective response. Defeating Reptile Theory Motions in Limine Most trial attorneys […]