I. Introduction:
Since the vast majority of civil cases settle prior to trial, and most often as a result of mediation, we believe it is necessary to devote virtually the same time and effort to mediation preparation as we do for trial preparation. A recent products liability case demonstrates how this can pay off as we were able to obtain a $4.5 million settlement despite difficult liability and the fact that our experts lost a key piece of evidence. 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 Abramson2007-05-28 02:52:242017-04-28 02:52:38Use of Animations and Video Presentation in Mediation: A Case Study
On June 30, 2005, after more than two years of study committees, draft legislation, hearings and testimony on issues regarding professional malpractice claims and medical liability insurance, the legislature enacted RSA ch. 519-B, creating mandatory screening panels for all medical injury claims.i This statute requires all medical malpractice cases filed in the Superior Court to be screened by a three-person panel consisting of a retired judge or person with judicial experience, a health care practitioner who practices in the area of alleged medical negligence, and an attorney before the cases can proceed to trial. This statute repealed RSA ch. 519-A, which provided an avenue for voluntary screening panels for all types of professional negligence claims.ii Voluntary screening panels are no longer available for other cases of professional negligence, such as legal or financial malpractice. The mandatory screening panel is applied only to claims for medical professional negligence. 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 Abramson2007-05-28 02:50:562017-04-28 02:51:09Screening Panels for Medical Injury Claims Under RSA 519-B: Implementation, Effect and Issues on the Horizon
ANATOMY FOR LITIGATORS – By Samuel D. Hodge, Jr., Esq.
A Book Review by Holly B. Haines
The title of this book is misleading. The book should be called “Anatomy for Defense Attorneys”, because almost every chapter ends with litigation tips for defense attorneys to defeat causation in personal injury, worker’s compensation and disability claims. Overall, however, this book is a very useful, solid primer on limited areas of human anatomy, and I would highly recommend it to any younger lawyer beginning a career in personal injury, worker’s compensation, social security, or insurance defense work, or any more experienced litigator seeking a quick refresher on limited aspects of human anatomy, a litigation checklist, or a jury verdict analysis of specific personal injury claims. Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Holly Haineshttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgHolly Haines2007-04-28 03:09:332017-04-28 03:09:57Book Review: Anatomy for Litigators by Samuel D. Hodge
Medicaid Lien Repayment in Medical Malpractice Cases After Arkansas Department of Health and Human Services v. Ahlborn
By
Mark A. Abramson and Kevin F. Dugan
In Arkansas Department of Health and Human Services v. Ahlborn, 126 S.Ct. 1752, 164 L.Ed.2d 459 (2006), the United States Supreme Court unanimously held that federal Medicaid law affirmatively prohibits States from asserting Medicaid liens on any portion of a plaintiff’s recovery other than the part of the plaintiff’s total recovery that was allocated to medical expenses. The Supreme Court also ruled that any state Medicaid statutes compelling a different conclusion or in conflict with its holding were unenforceable under the federal anti-lien provision of the Medicaid Law. Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Kevin Duganhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgKevin Dugan2007-02-28 02:35:392017-04-28 02:36:13Medicaid Lien Repayment in Medical Malpractice Cases After Arkansas Department of Health and Human Service v. Ahlborn
By Mark A. Abramson and Jared R. Green
I. Introduction:
Thanks in large part to the efforts of New Hampshire Trial Lawyers Association Treasurer Kevin Leach, who briefed and argued the case, and the firm of Burns, Bryant, Cox, Rockerfeller & Durkin, which filed an amicus brief on behalf of NHTLA, injury victims in this state have been granted broad protection against needless intrusion into their mental health counseling. In Desclos v. Southern New Hampshire Medical Centeri, Justice Richard Galway, writing for the unanimous New Hampshire Supreme Court, reversed a trial court order requiring a medical negligence plaintiff to produce her confidential therapy records that preexisted the injury for which she sought compensation. Below we detail the Desclos opinion and identify some of the practical points and ramifications of this ground-breaking decision. Read more
http://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpg00Jared Greenhttp://www.arbd.com/wp-content/uploads/2017/02/ABD-logo.jpgJared Green2006-08-28 02:39:002023-10-30 18:53:04Desclos v. Southern New Hampshire Medical Center Personal Injury & Medical Malpractice Victims
The New Hampshire Rules of Professional Conduct and the Attorney Discipline System exist to protect the confidence of the public, or the clients who use our professional services, and to maintain the integrity of our profession.i The New Hampshire Supreme Court has recognized that we as attorneys have a duty to protect the interests of our clients; “however, the legal and ethical methods of performing this duty are solely the responsibility of the attorney.”ii As trial lawyers, we, as many others, try to protect the interests of our clients by providing the most skilled representation available by focusing primarily on one area of the law. To further this goal, we accept client referrals in our specialty from other practitioners, we refer client cases to other practitioners outside of our specialty and we regularly honor referral fees when doing so. 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 Abramson2006-05-28 02:47:202017-04-28 02:47:35Pure Referral Fees: Insuring Client Confidence in Complex Personal Injury and Medical Malpractice Cases
Use of Animations and Video Presentation in Mediation: A Case Study
/by Mark AbramsonI. Introduction:
Since the vast majority of civil cases settle prior to trial, and most often as a result of mediation, we believe it is necessary to devote virtually the same time and effort to mediation preparation as we do for trial preparation. A recent products liability case demonstrates how this can pay off as we were able to obtain a $4.5 million settlement despite difficult liability and the fact that our experts lost a key piece of evidence. Read more
Screening Panels for Medical Injury Claims Under RSA 519-B: Implementation, Effect and Issues on the Horizon
/by Mark AbramsonOn June 30, 2005, after more than two years of study committees, draft legislation, hearings and testimony on issues regarding professional malpractice claims and medical liability insurance, the legislature enacted RSA ch. 519-B, creating mandatory screening panels for all medical injury claims.i This statute requires all medical malpractice cases filed in the Superior Court to be screened by a three-person panel consisting of a retired judge or person with judicial experience, a health care practitioner who practices in the area of alleged medical negligence, and an attorney before the cases can proceed to trial. This statute repealed RSA ch. 519-A, which provided an avenue for voluntary screening panels for all types of professional negligence claims.ii Voluntary screening panels are no longer available for other cases of professional negligence, such as legal or financial malpractice. The mandatory screening panel is applied only to claims for medical professional negligence. Read more
Book Review: Anatomy for Litigators by Samuel D. Hodge
/by Holly HainesANATOMY FOR LITIGATORS – By Samuel D. Hodge, Jr., Esq.
A Book Review by Holly B. Haines
The title of this book is misleading. The book should be called “Anatomy for Defense Attorneys”, because almost every chapter ends with litigation tips for defense attorneys to defeat causation in personal injury, worker’s compensation and disability claims. Overall, however, this book is a very useful, solid primer on limited areas of human anatomy, and I would highly recommend it to any younger lawyer beginning a career in personal injury, worker’s compensation, social security, or insurance defense work, or any more experienced litigator seeking a quick refresher on limited aspects of human anatomy, a litigation checklist, or a jury verdict analysis of specific personal injury claims. Read more
Medicaid Lien Repayment in Medical Malpractice Cases After Arkansas Department of Health and Human Service v. Ahlborn
/by Kevin DuganMedicaid Lien Repayment in Medical Malpractice Cases After Arkansas Department of Health and Human Services v. Ahlborn
By
Mark A. Abramson and Kevin F. Dugan
In Arkansas Department of Health and Human Services v. Ahlborn, 126 S.Ct. 1752, 164 L.Ed.2d 459 (2006), the United States Supreme Court unanimously held that federal Medicaid law affirmatively prohibits States from asserting Medicaid liens on any portion of a plaintiff’s recovery other than the part of the plaintiff’s total recovery that was allocated to medical expenses. The Supreme Court also ruled that any state Medicaid statutes compelling a different conclusion or in conflict with its holding were unenforceable under the federal anti-lien provision of the Medicaid Law. Read more
Desclos v. Southern New Hampshire Medical Center Personal Injury & Medical Malpractice Victims
/by Jared GreenBy Mark A. Abramson and Jared R. Green
I. Introduction:
Thanks in large part to the efforts of New Hampshire Trial Lawyers Association Treasurer Kevin Leach, who briefed and argued the case, and the firm of Burns, Bryant, Cox, Rockerfeller & Durkin, which filed an amicus brief on behalf of NHTLA, injury victims in this state have been granted broad protection against needless intrusion into their mental health counseling. In Desclos v. Southern New Hampshire Medical Centeri, Justice Richard Galway, writing for the unanimous New Hampshire Supreme Court, reversed a trial court order requiring a medical negligence plaintiff to produce her confidential therapy records that preexisted the injury for which she sought compensation. Below we detail the Desclos opinion and identify some of the practical points and ramifications of this ground-breaking decision. Read more
Pure Referral Fees: Insuring Client Confidence in Complex Personal Injury and Medical Malpractice Cases
/by Mark AbramsonThe New Hampshire Rules of Professional Conduct and the Attorney Discipline System exist to protect the confidence of the public, or the clients who use our professional services, and to maintain the integrity of our profession.i The New Hampshire Supreme Court has recognized that we as attorneys have a duty to protect the interests of our clients; “however, the legal and ethical methods of performing this duty are solely the responsibility of the attorney.”ii As trial lawyers, we, as many others, try to protect the interests of our clients by providing the most skilled representation available by focusing primarily on one area of the law. To further this goal, we accept client referrals in our specialty from other practitioners, we refer client cases to other practitioners outside of our specialty and we regularly honor referral fees when doing so. Read more