In retrospect, the Maryland family’s lawsuit alleging a drug company’s anti-diabetes medication killed their loved one was over before it began. Diep An’s years of smoking blocked any chance his widow ...
Dr. W was devastated to hear of her patient’s death, and felt guilty, in hindsight, for not considering diabetes since she was aware that the young man had a family history of the disease. She was too ...
North Carolina adheres to the common law doctrine of contributory negligence. The rule, which has been jettisoned by 46 states in favor of some form of comparative fault, bars recovery by a negligent ...
A. Yes (at present) but not in the traditional sense. The Pennsylvania Comparative Negligence Act (51%) applies only to actions seeking damages for death, bodily injury, or property damage. See 42 P.S ...
Court of Appeals Judge Robert N. McDonald (Capital News Service) Maryland judges will no longer visit the sins of a driver upon the vehicle’s owner with regard to contributory negligence claims, the ...
The drunkenness of a passenger seeking damages for injuries sustained in a car crash ‘will not avoid a finding of contributory negligence’ where the claimant should have appreciated that the driver ...
Julia Kagan is a financial/consumer journalist and former senior editor, personal finance, of Investopedia. Chip Stapleton is a Series 7 and Series 66 license holder, CFA Level 1 exam holder, and ...
The Court also disagreed with the defense’s assertion that the patient should have come in for a follow-up sooner. It noted that Dr. W’s second mistaken diagnosis of gastroenteritis superseded the ...