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...
Last blog, I listed an excerpt from my new book that included many fact situations that give rise to negligence claims in Nevada.This blog I will concentrate on those cases that discuss proving negligence claims in Nevada and next blog I will finish this discussion of proof. The following case selections are listed in chronological order starting with some of the most recent cases to touch...
There are numerous types of courts in Nevada, but injury cases are generally handled in the Nevada district court system.Generally speaking, there are two phases to most cases: 1) the settlement phase, and 2) the litigation phase. The litigation phase of a case can be divided into three distinct stages: 1) the complaint and answer stage, 2) the discovery stage, and 3) the trial stage.This is the...
This from an email to me yesterday from Indox Consulting. More contradictions in medical research:Results from a new analysis, initially designed to determine whether there was a correlation between the extent to which statins lowered low-density lipoprotein (LDL)-cholesterol levels and liver and muscle toxicity, suggests that the cardiovascular benefits of achieved levels of LDL cholesterol...
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...
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...
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....
This will be an ongoing topic starting today. As a technology-obsessed attorney, our privacy as healthcare consumers interests (distresses) me.A recent example: I had a small, simple auto accident case in which my client was the passenger in a vehcle that was hit. Clear liability any way you look at it. My client broke bones. Her only medical claim related to those broken bones. ...
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