Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Verdicts
MCARE Act Not Applicable to Expert Testimony When Nurse, Not Physician, Is Defendant
A Pennsylvania appeals court has ruled that a trial court did not err in finding that there was no authority for the proposition that ' 1303.512 of the Medical Care Availability and Reduction of Error (MCARE) Act governed expert qualifications for testimony regarding claims of nursing negligence. Ciechoski v. Ca'Dieux, PICS Case No. 15-1084 (Pa. Super. July 8, 2015) (memorandum) Ott, J. (12 pages).
On Nov. 14, 2009, a pregnant Leslie Proffitt was admitted to Phoenixville Hospital and taken to the labor and delivery unit, where she was hooked up to a fetal heart monitor. In the early morning hours of Nov. 15, 2009, the monitor indicated that the baby's heart rate had dropped to a below-normal level. Nurse Christine Winter was the first staff member to arrive at Proffitt's side after the drop in the baby's heart rate. She attempted to adjust Proffitt's position in order to get the baby's heart rate to return to normal. Nurse Lana Jones-Sandy arrived at Proffitt's side a bit later. Ultimately, the baby, plaintiff Lillian M Ciechoski, was delivered by emergency caesarean section. The baby suffered hypoxic ischemic encephalopathy, a brain injury caused by oxygen deprivation prior to her delivery. At about one year old, Ciechoski was diagnosed with spastic quadriplegic cerebral palsy. Ciechoski, through her mother, filed this medical malpractice action against Phoenixville Hospital and related parties.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.