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Judicial Reduction of Damage Awards

Juries in medical malpractice cases have wide discretion in determining the amount of a damage award. However, this discretion is not boundless. Judges have the right and, in fact, the…

Product Misuse Defense in Products Liability Lawsuits

What is Strict Products Liability? Strict product liability means holding the manufacturer or seller of defective products responsible if the product injures a consumer who buys or uses the product.…

Peer Review Privilege and Medical Malpractice

Peer review is the process by which physicians affiliated with a particular hospital evaluate the quality of care provided by their fellow physicians and identify opportunities to improve care. During…

Recovery by Guest in Automobile Cases

A "guest" in an automobile is a person who rides in an automobile driven by another person for his own pleasure or business without paying the driver or conferring any…

Smoke Detector Litigation

Smoke detectors are invaluable in saving lives. It is estimated that three-fifths of all deaths from home fires occurred in homes without smoke detectors. But what happens when a smoke…

Surgical Malpractice

No matter how "routine" a procedure, surgery is always risky. However, not every bad result from surgery is caused by malpractice. Unintended and non-negligent complications arise every day, such as…

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