This is the second part of what will be a three-part blog. See yesterday's blog for the issue that the following argument addresses:A. The Fiduciary Shield Doctrine Is Not Law In Nevada And Even If It Were It Would Not Preclude An Exercise Of JurisdictionThe fiduciary shield doctrine, a flawed legal theory that has generated confusion and countless inconsistent exceptions, provides that acts...
Alright, let's get into this.The subject of controversy is an entity known as Southern Nevada Endoscopy Center.The Nevada Secretary of State indicates two limited liability companies registered under that name, both active:The first reflects that Clifford Carrol, MD and the Hari Om Limited Partnership are officers.The second company, which has the same name but is listed as Endoscopy Center of...
As reported yesterday, the Nevada State Board of Medical Examiners disciplined a record number of doctors at its last meeting.The Board has come under scrutiny in recent years for a variety of practices. In fact, according to a Reno Gazette Journal article dated December 12, 2007, our Nevada Board is one of the worst in the United States for disciplining doctors. A Reno Gazette Journal inquiry...
Some doctors in New Jersey are now asking their patients to sign away their legal rights. The American Association of Justice cites to Dick Dahl's story published at LawyersUSA:A group of New Jersey ob-gyns has begun asking prospective patients to sign away their right to a jury trial, touching off a debate about the enforceability of the waivers. Citing the high cost of medical malpractice...
In a new article courtesy of AAJ, attorneys Elizabeth Faiella and Peter Gulden examine the issue of "ageism" in health care and litigation.They write, among other things:When the plaintiff has suffered injury because of a doctor's failure to diagnose cancer or provide adequate treatment, the lawyer can count on jurors to hold certain biases. They have been conditioned to believe that medical...
Last week Georgette Watson, principal of Brentano Math and Science Academy in Chicago, died while undergoing a root canal in her dentist's chair. It wasn't the physical surgery that killed her, however. The blame is being placed upon her anesthesia, which put her in a state between unconsciousness and being awake, a state known as "twilight sedation." In this condition patients are typically...
From the Reno Gazette Journal Today: Local law enforcement agencies launch a region-wide drunk driving enforcement campaign beginning Monday that will consist of saturation patrols through...
In the ongoing squabble over Allstate defense attorney Phil Emerson's repeated misconduct in arguing cases at trial, the Nevada Supreme Court rendered its latest decision on January 17, 2008.In its introduction to Lioce v. Cohen, 124 Nev. Adv. Op. No. 1, the Court stated:On December 28, 2006, this court issued an opinion in these consolidated appeals.[2] The defendants in each of the four...
In Fallon, Nevada (about an hour and a half away from Reno) residents have been experiencing high numbers of cancer diagnoses. Although the town has a population of roughly 8,500 people, 12 children were diagnosed with leukemia over a course of approximately three years. According to the American Cancer Society approximately 1.27 percent of the population (1 in 79) will come down with the...
Stem cell will create countless new legal issues in coming years. The following article from Reuters, taken from Yahoo News, describes recent developments in stem cell research in cardiology: By Maggie Fox, Health and Science Editor WASHINGTON (Reuters) - A nutritious cocktail helped human embryonic stem cells thrive and repair the damaged hearts of rats, U.S. researchers reported on Sunday....
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