I. Introduction
In the past, we have written about the potential areas of vicarious liability under which medical malpractice plaintiffs could recover from a hospital for the negligent acts of independent contractor physicians affiliated with the hospital.1 Recently, we settled a case with a New Hampshire hospital for the egregious malpractice of certain members of an independently owned anesthesia group who provided exclusive anesthesia services to that hospital and who, unfortunately, provided anesthesia services to our client when she scheduled an elective surgery at that hospital. During depositions we were able to elicit testimony to prove that the members of the anesthesia group were agents of the hospital under respondeat superior and apparent authority theories, and that the hospital had a non-delegable duty to provide safe anesthesia services to its patients. This article will explain how we were able to practically apply the law we have espoused in our previous articles. Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Mark Abramsonhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgMark Abramson2004-07-28 02:46:252017-04-28 02:46:37Vicarious Liability in Action: Holding a Hospital Liable for Malpractice of its Independent Anesthesiology Group
I. Introduction:
In Nilsson v. Biermani, the New Hampshire Supreme Court ruled that the jury can apportion fault to a tortfeasor who had settled with the plaintiff and was not present at trial. The Nilsson decision represented a sharp departure from the traditional practice in this state and it raises significant constitutional issues that will be addressed below. Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Mark Abramsonhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgMark Abramson2004-04-28 02:44:402017-04-28 02:45:07Apportioning Fault to Settling Defendants Under Nilsson v. Bierman: Constitutional Considerations
I. Introduction:
In an age where the vast majority of cases settle before trial, the real battleground in civil litigation is discovery. Discovery disputes are more frequent and more contentious these days. In New Hampshire’s federal district court, the task of resolving the majority of those discovery dispute falls upon United States Magistrate Judge James Muirhead. Whether you represent a plaintiff or a defendant in federal court you can rest assured that Judge Muirhead will demand strict compliance with the rules of civil procedure and that, above all else, he will ensure that relevant information is not hidden. Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Mark Abramsonhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgMark Abramson2003-12-28 02:30:262017-04-28 02:30:43Discovery in New Hampshire’s Federal District Court: Play By The Rules Or Else
I. Introduction:
For many years hospitals were able to avoid vicarious liability for the negligent acts of physicians who are affiliated with them by pointing to the fact that, technically, such physicians were independent contractors.1 However, in recent years courts around the nation have recognized the fact that hospitals are no longer merely buildings in which independent doctors practice. Instead, hospitals have become comprehensive medical service providers that draw patients in through extensive advertising and marketing efforts and they should be held accountable for errors that are made within their walls. Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Mark Abramsonhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgMark Abramson2003-09-28 02:33:492017-04-28 02:34:11Holding Hospitals Liable for the Malpractice of Independent Contractor Physicians
I. Introduction:
The doctrine of res ipsa loquitur1 permits a jury to infer negligence under certain circumstances in the absence of direct proof. It is particularly helpful in medical negligence cases since patients are almost never in a position to understand what went wrong or who was responsible. What sets medical negligence cases apart, however, is that the elements of res ipsa must often be established by expert testimony. The following article will examine the use of res ipsa in New Hampshire and its application in medical negligence cases. Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Mark Abramsonhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgMark Abramson2003-06-28 02:32:072017-04-28 02:33:04Res Ipsa Loquitur and Medical Malpractice
It has been several years since we last wrote about HMO liability.1 At that time it was extremely difficult to maintain a suit against an HMO because most claims were thought to be preempted by the Employee Retirement Income Security Act. Since then, the state of the law has changed considerably. Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Mark Abramsonhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgMark Abramson2003-04-24 21:28:332017-04-24 21:29:31HMO Liability Part IV Protecting the Patient and Preserving States Rights
Vicarious Liability in Action: Holding a Hospital Liable for Malpractice of its Independent Anesthesiology Group
/by Mark AbramsonI. Introduction
In the past, we have written about the potential areas of vicarious liability under which medical malpractice plaintiffs could recover from a hospital for the negligent acts of independent contractor physicians affiliated with the hospital.1 Recently, we settled a case with a New Hampshire hospital for the egregious malpractice of certain members of an independently owned anesthesia group who provided exclusive anesthesia services to that hospital and who, unfortunately, provided anesthesia services to our client when she scheduled an elective surgery at that hospital. During depositions we were able to elicit testimony to prove that the members of the anesthesia group were agents of the hospital under respondeat superior and apparent authority theories, and that the hospital had a non-delegable duty to provide safe anesthesia services to its patients. This article will explain how we were able to practically apply the law we have espoused in our previous articles. Read more
Apportioning Fault to Settling Defendants Under Nilsson v. Bierman: Constitutional Considerations
/by Mark AbramsonI. Introduction:
In Nilsson v. Biermani, the New Hampshire Supreme Court ruled that the jury can apportion fault to a tortfeasor who had settled with the plaintiff and was not present at trial. The Nilsson decision represented a sharp departure from the traditional practice in this state and it raises significant constitutional issues that will be addressed below. Read more
Discovery in New Hampshire’s Federal District Court: Play By The Rules Or Else
/by Mark AbramsonI. Introduction:
In an age where the vast majority of cases settle before trial, the real battleground in civil litigation is discovery. Discovery disputes are more frequent and more contentious these days. In New Hampshire’s federal district court, the task of resolving the majority of those discovery dispute falls upon United States Magistrate Judge James Muirhead. Whether you represent a plaintiff or a defendant in federal court you can rest assured that Judge Muirhead will demand strict compliance with the rules of civil procedure and that, above all else, he will ensure that relevant information is not hidden. Read more
Holding Hospitals Liable for the Malpractice of Independent Contractor Physicians
/by Mark AbramsonI. Introduction:
For many years hospitals were able to avoid vicarious liability for the negligent acts of physicians who are affiliated with them by pointing to the fact that, technically, such physicians were independent contractors.1 However, in recent years courts around the nation have recognized the fact that hospitals are no longer merely buildings in which independent doctors practice. Instead, hospitals have become comprehensive medical service providers that draw patients in through extensive advertising and marketing efforts and they should be held accountable for errors that are made within their walls. Read more
Res Ipsa Loquitur and Medical Malpractice
/by Mark AbramsonI. Introduction:
The doctrine of res ipsa loquitur1 permits a jury to infer negligence under certain circumstances in the absence of direct proof. It is particularly helpful in medical negligence cases since patients are almost never in a position to understand what went wrong or who was responsible. What sets medical negligence cases apart, however, is that the elements of res ipsa must often be established by expert testimony. The following article will examine the use of res ipsa in New Hampshire and its application in medical negligence cases. Read more
HMO Liability Part IV Protecting the Patient and Preserving States Rights
/by Mark AbramsonI. Introduction:
It has been several years since we last wrote about HMO liability.1 At that time it was extremely difficult to maintain a suit against an HMO because most claims were thought to be preempted by the Employee Retirement Income Security Act. Since then, the state of the law has changed considerably. Read more