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Informed Consent Related Blog Posts

Liability Waivers & Exculpatory Clauses in the Age of Coronavirus

Oct 6 2020

As COVID-19 continues to spread, the question of viral transmission liability has been top of mind for all types of business and public venues. In response, several states have enacted laws to limit liability for certain industries or entities. The…

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Informed Consent Expert Witness Case Studies

Psychiatry Expert Successfully Demonstrates Compliance with Ohio’s Expert Competency Rule

Jun 29 2021

Court: Court of Appeals of Ohio, Tenth Appellate District, Franklin County Jurisdiction: Federal Case Name: R.T. v. Knobeloch Citation: 2018 Ohio App. LEXIS 2945 The defendant appeals a malpractice verdict concerning pediatric psychiatric care. They claim the plaintiff’s psychiatry expert…

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Colorectal Surgery Expert’s Pending Malpractice Claim is Basis for Motion to Dismiss

May 11 2021

Court: United States District Court for the Southern District of West Virginia, Charleston Division Jurisdiction: Federal Case Name: Hershberger v. Ethicon Endo-Surgery, Inc. Citation: 2012 U.S. Dist. LEXIS 18799 Following two unsuccessful colostomy surgeries, the plaintiff files negligence claims against…

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Failure to Designate Expert Pharmacist Under Rule 26(a)(2)(B) Instead of 26(a)(2)(C) Renders Testimony Inadmissible

Jan 16 2020

Court: United States District Court for the Eastern District of Wisconsin Jurisdiction: Federal Case Name: Scholz v. United States Citation: 2019 U.S. Dist. LEXIS 90245 Facts The plaintiff, who served in the United States Army Reserves from 2001-2008, filed this…

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Medical Facility Allegedly Violates Informed Consent Laws

Mar 26 2019

This case involves a medical ethics dispute between a hospital and a plaintiff outpatient rehabilitation facility. The defendant hospital entered into a kickback agreement whereby the defendant’s physicians agreed to send all rehabilitation patients to a facility other than the plaintiffs.…

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Overlooked Medication Interaction Causes A Patient Permanent Paralysis

Sep 25 2018

This case involves an elderly female patient who received a translaminar epidural steroid injection in the cervical spine while taking aspirin. During her consultation with the physiatry physician, the patient was not consulted regarding her aspirin use and was not told that…

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Search Engine Expert Calculates View Count For Compromising Video

May 15 2018

This case involves a man who attended a large music festival. While the man was at the music festival, he became drunk and briefly exposed himself as a videographer was capturing a panoramic shot of the event. The camera belonged…

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Dentistry Expert Opines on Negligent Tooth Extraction

Oct 26 2017

This case involves an elderly male patient who wanted to improve his smile by removing his remaining teeth and using dentures. After the extraction and trial use of the dentures, the doctor told him that he had severe bone loss,…

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Leading Oncologist Opines on Standard of Care in Chemotherapy Administration

Nov 8 2016

This case involves an elderly male patient in Florida with a history of cancer, as well as a chronic respiratory condition, who reported to the hospital for breathing treatment. Following this treatment, the patient was made aware that his WBC…

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Infectious disease expert advises on MRSA infections post surgery

Sep 16 2014

An infectious disease expert advises on a case involving a spinal surgery patient who alleges that he acquired MRSA from his surgeon. Defendant doctor recommended spine surgery for plaintiff. Plaintiff alleges he promised immediate pain relief and that the surgery was…

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