Neil, Dymott, Frank, McCabe & Hudson, APLC

Legal Developments

Clark Hudson Successfully Defends Oral and Maxillofacial Surgeon

On January 30, 2020, Clark Hudson and Nicole Melvani teamed up to successfully defend in a jury trial an Oral and Maxillofacial surgeon against claims of surgical negligence and fraud.  The claims involved a 38-year-old female patient that presented for ...

Damages: Past, Present, and Future

MICRA, the Medical Injury Compensation Reform Act, was passed by California in 1975 to control sky-rocketing medical malpractice insurance premiums, which seemed to force physicians out of practice, and to ensure the continuing availability of malpractice insurance coverage.   MICRA instituted ...

Pay Disparity: Does the High Court's Recent Decision Make It Easier for Employers to Defend Against Past Pay Discrimination Claims?

The U.S. Supreme Court in a recent decision said employees claiming they received disparate treatment based on gender or race must do so within 180 days of the original discriminatory action -- not within 180 days of their last paycheck. ...

Are You Sure You Know Retaliation When You See It? Employers Need to be on Guard in the Workplace

Employers need to be on guard to protect themselves against claims brought for employment discrimination based upon retaliation as California has a liberal view of the employee’s right to sue for retaliation. Employee Claims for Retaliation To establish a claim ...

Navigating a Small Claims Court Appearance: Tips for Healthcare Practitioners

Small claims court is a special court in which disputes are resolved quickly and inexpensively. Pro: This translates to simple and informal rules, and swift resolution of minor conflicts. Con:  Although a defendant named in a small claims suit can ...

Medical Malpractice Payments: Which Entities Require Reporting

The National Practitioner Data Bank (“NPDB”) guidelines mandate, “Each entity that makes a payment for the benefit of a health care practitioner in settlement of, or in satisfaction in whole or in part of, a written claim or judgment for ...

Court Affirms District Court’s Judgment on All Issues in Transvaginal Mesh Appeal

Case Date: 01/14/2016 IN RE: C.R. BARD United States Court of Appeals for the Fourth Circuit In August 2013, a jury awarded Donna Cisson $250,000 in compensatory damages on a design defect and failure to warn claim against C.R.  Bard, ...

Dealing with Surprises at Trial

Published in DRI's For the Defense, March 2015 Issue It sounds like something from a Law-and-Order episode: a circuit court judge in his mid-50s texts a nearly nude picture of himself to his bailiff. When a reporter asks the judge ...

LEGAL UPDATE: Supreme Court Eliminates Settlement Offsets for Non-Economic Damages in MICRA Cases

In Rashidi v. Moser, plaintiff filed a medical malpractice/products liability action which included claims against a hospital and a physician.  Before trial, the hospital settled for $350,000 while the product manufacturer settled for $2,000,000. The physician proceeded to trial alone and ...

Selling A Small Business: Putting A Value on Your Life’s Work

In a medical malpractice action, an expert witness is crucial to establish standard of care, causation, and damages. Both sides retain experts to promote their perspectives. Therefore, medical issues often are reduced to a “battle of the experts,” in which ...

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