I. Introduction:
During the 2002 legislative session, the New Hampshire Trial Lawyers Association helped develop an amendment to the state’s various quality assurance privilege statutes which significantly restricts the application of those privileges. This amendment, which takes effect January 1, 2003, should help ensure that medical care providers are unable to withhold critical evidence when they are sued. However, at the same time, the law will continue to protect the medical care provider’s ability to candidly assess what went wrong. 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 Abramson2002-10-28 02:29:122017-04-28 02:29:36The New Amendment To NH Quality Assurance Privileges Ensuring Substantially Broader Acce
I. Introduction:
A temporary employee is injured at work. The injury is the fault of the company that contracted with the temporary agency for his services. The injured party is only entitled to workers’ compensation benefits, right? Not necessarily.
In LaVallie v. Simplex Wire and Cable Company1, the New Hampshire Supreme Court ruled that an employee of a temporary agency was barred from suing the company that contracted with his employer for his services. The court found that the temporary employee was the borrowed servant of the company that purchased his services. This article will show that LaVallie does not control all temporary employee situations. In fact, in the case described below, with the help of law we created in two earlier New Hampshire Supreme Court cases2, we recovered $6,825,000.00 for the estate of a temporary employee from the companies that purchased his services. 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 Abramson2002-07-28 02:25:322017-04-28 02:26:45Temporary Employees and the Borrowed Servant Rule: A Case Study
I. Introduction
In recent years, health insurance carriers have been using the federal ERISA statute to insist upon full reimbursement of their liens from the proceeds of third party recoveries. Contrary to longstanding practice, carriers were refusing to reduce their liens by an amount equal to their proportionate share of the injured person’s attorneys’ fees and litigation expenses. A new decision by the United States Supreme Court should put an end to this. 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 Abramson2002-04-28 02:24:192017-04-28 02:27:10Payback: Health Insurance Liens in Medical Malpractice and Personal Injury Cases After Great-West Life & Annuity v. Knudson
Since November 2000, the New Hampshire Supreme Court has issued five opinions in medical negligence cases. The Court has recognized an important new cause of action and has applied settled law to interesting factual situations. The core element running through these opinions is the Court’s abiding respect for the jury system and its confidence in the ability of New Hampshire jurors to make difficult decisions on liability and damages. 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 Abramson2002-01-15 17:54:052017-04-15 22:37:53Recent Developments in New Hampshire Medical Malpractice Law
New Hampshire’s statutory privileges are strictly construed and are not to be extended beyond the text of the legislative enactment. Nevertheless, defendants in medical negligence cases frequently withhold important documents based on an overly-expansive view of the quality assurance privilege. A careful examination of New Hampshire’s statutory quality assurance privileges establishes that they are really quite limited in scope and that they apply to a very limited set of materials. 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 Abramson2001-10-15 17:43:322017-04-15 22:38:43Overcoming the Quality Assurance Privilege in New Hampshire Medical Malpractice Claims
A breast lump is the most common clinical breast problem causing women to seek treatment and remains the most common presentation of breast cancer.1 More women in the United States are diagnosed with breast cancer every year than with any other cancer except skin cancer. Annually, about 180,000 cases will be diagnosed and 44,000 women will die of the disease. Many of these lives could have been saved by early detection.2Read 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 Abramson2001-04-13 19:31:342017-04-15 22:39:29Handling the Failure to Diagnose Breast Cancer Malpractice Case
The New Amendment To NH Quality Assurance Privileges Ensuring Substantially Broader Acce
/by Mark AbramsonI. Introduction:
During the 2002 legislative session, the New Hampshire Trial Lawyers Association helped develop an amendment to the state’s various quality assurance privilege statutes which significantly restricts the application of those privileges. This amendment, which takes effect January 1, 2003, should help ensure that medical care providers are unable to withhold critical evidence when they are sued. However, at the same time, the law will continue to protect the medical care provider’s ability to candidly assess what went wrong. Read more
Temporary Employees and the Borrowed Servant Rule: A Case Study
/by Mark AbramsonI. Introduction:
A temporary employee is injured at work. The injury is the fault of the company that contracted with the temporary agency for his services. The injured party is only entitled to workers’ compensation benefits, right? Not necessarily.
In LaVallie v. Simplex Wire and Cable Company1, the New Hampshire Supreme Court ruled that an employee of a temporary agency was barred from suing the company that contracted with his employer for his services. The court found that the temporary employee was the borrowed servant of the company that purchased his services. This article will show that LaVallie does not control all temporary employee situations. In fact, in the case described below, with the help of law we created in two earlier New Hampshire Supreme Court cases2, we recovered $6,825,000.00 for the estate of a temporary employee from the companies that purchased his services. Read more
Payback: Health Insurance Liens in Medical Malpractice and Personal Injury Cases After Great-West Life & Annuity v. Knudson
/by Mark AbramsonI. Introduction
In recent years, health insurance carriers have been using the federal ERISA statute to insist upon full reimbursement of their liens from the proceeds of third party recoveries. Contrary to longstanding practice, carriers were refusing to reduce their liens by an amount equal to their proportionate share of the injured person’s attorneys’ fees and litigation expenses. A new decision by the United States Supreme Court should put an end to this. Read more
Recent Developments in New Hampshire Medical Malpractice Law
/by Mark AbramsonI. Introduction
Since November 2000, the New Hampshire Supreme Court has issued five opinions in medical negligence cases. The Court has recognized an important new cause of action and has applied settled law to interesting factual situations. The core element running through these opinions is the Court’s abiding respect for the jury system and its confidence in the ability of New Hampshire jurors to make difficult decisions on liability and damages. Read more
Overcoming the Quality Assurance Privilege in New Hampshire Medical Malpractice Claims
/by Mark AbramsonI. Introduction:
New Hampshire’s statutory privileges are strictly construed and are not to be extended beyond the text of the legislative enactment. Nevertheless, defendants in medical negligence cases frequently withhold important documents based on an overly-expansive view of the quality assurance privilege. A careful examination of New Hampshire’s statutory quality assurance privileges establishes that they are really quite limited in scope and that they apply to a very limited set of materials. Read more
Handling the Failure to Diagnose Breast Cancer Malpractice Case
/by Mark AbramsonI. Introduction
A breast lump is the most common clinical breast problem causing women to seek treatment and remains the most common presentation of breast cancer.1 More women in the United States are diagnosed with breast cancer every year than with any other cancer except skin cancer. Annually, about 180,000 cases will be diagnosed and 44,000 women will die of the disease. Many of these lives could have been saved by early detection.2 Read more