LEGAL MALPRACTICE: Jury improperly instructed to decide whether Plaintiffs would have actually settled med-mal claim stemming from C-section loss of child had claim not been lost by statute of limitations, when MSC required only whether it was probable that they would have recovered a settlement… experts established that they probably would have recovered a settlement, remanded for new trial on likely value of a settlement… defense verdict reversed, McLean reversed. [Read more…]
Medical malpractice, breast cancer, defense verdict
MEDICAL MALPRACTICE: Prospective jurors with relationships with defense counsels’ firms properly not excused for cause… pathologist properly allowed to testify as to breast cancer… any error in instructing on “loss of chance”/apportionment of damages harmless as jury found [Read more…]