Posts tagged Negligence

• Judge Raises Questions – and Suggests Answers – About the Valuation of a Diminished Life After Hearing Accident Cases

  Sarah Cool | April 14, 2009 5:14 PM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  The Honorable John P. Murphy of the District Court of Nebraska recently heard a case regarding a number of claims against the state for failure to care for the intersection of U.S. Highway 30 and...

• Healthcare - A Start

  John Inserra | May 29, 2007 3:26 PM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  Finally a start to the curbing of health care costs. First, the consumer must know the cost of the service, so he or she can make a judgment about that service. Will this curtail costs? Who knows! I believe it is a least a step in the right direction.California's largest private physician practice has become one of the first doctor groups in the nation, and almost certainly the largest, to...

• Nursing Home Abuse Settlement Reported

  John Inserra | May 15, 2007 3:33 PM | 0 CommentsOmaha, NE Category: Nursing Home & Elder Abuse
  

  Life Care Center of Elkhorn has settled a lawsuit that accused it of neglecting its patients and allowing an elderly woman to lie in her own feces for hours at a time after back surgery.A patient developed an infection in her wound during her stay at the Life Care Center of Elkhorn that required surgery to reopen her incision and drain the infection and fecal matter in the wound.Terms of the...

• Continuing Tort and the Statute of Limitations

  John Inserra | April 20, 2007 12:42 PM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  The Nebraska Supreme Court defines the issue of a continuing tort action and its relation to the statute of limitations. We reaffirm our statement in Wischmann and conclude that a claim for damages caused by a continuing tort can be maintained for injuries caused by conduct occurring within the statutory limitations period. Seen in this light, the "continuing tort doctrine" is not a separate...

• Medical Malpractice Cases

  John Inserra | April 19, 2007 1:00 AM | 0 CommentsOmaha, NE Category: Nursing Home & Elder Abuse
  

  As reported in Reuter's Health Information, Medical Malpractice cases are usually won by the defendant. When there is any doubt after hearing all the evidence and expert opinions, juries usually return a verdict in favor of the physician, study author Philip G. Peters, from the University of Missouri-Columbia's School of Law, said in a statement.Peters reached this conclusion after conducting an...

• Healthcare

  John Inserra | April 17, 2007 11:38 AM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  One doctor's opinion!America's health insurance system is sick. The symptoms: high costs, lack of access, declining choice, increasing medical homelessness.[1] The etiology: our dependence on private health insurance. In no other industrialized nation does the majority of people rely on private health insurance to get healthcare.Private health insurance is like a sponge: It sucks up dollars but...

• LawyersUSA Top Ten Verdicts fall for 2006

  John Inserra | January 18, 2007 2:37 PM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  It is always interesting to read about the top ten plaintiff's verdicts in any given year. An article in LawyersUSA indicates a significant drop in the dollar amount of these verdicts.

• Microdiscectomy Study

  John Inserra | January 09, 2007 3:53 PM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  A study reported at Medscape: Not a large study but it seems to fall in line with recent trends for treatment of herniated discs.Study Design: Prospective randomized controlled trial.Objective: To assess effectiveness of microdiscectomy in lumbar disc herniation patients with 6 to 12 weeks of symptoms but no absolute indication for surgery.Summary of Background Data: There is limited evidence...

• You Take Them as You Find Them

  John Inserra | August 18, 2006 9:50 AM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  The case of Castillo v Young handed down today by the Nebraska Supreme Court answers the question regarding the propriety of instructing a jury regarding a prexisting condition. The court decided that it is proper for a trial court to instruct a jury that you take the plaintiff as you find them. The requested instruction was:The instruction requested by Castillo stated: There is evidence...

• Diagnosis of Fibromyalgia and Daubert Ruling in Nebraska

  John Inserra | June 02, 2006 3:49 PM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  The Nebraska Supreme Court ruled today that a trial court did abuse its discretion in striking the testimony of a physician regarding the causal relationship between a diagnosis of fibromyalgia and it traumatic onset. The case is Epp v. Lauby, 271 Neb. 640. This case reiterates Nebraska's interpretation of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed....