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This rule is known as the Bolam test, and states that if a doctor reaches the standard of a responsible body of medical opinion, they are not negligent. Bolam was rejected in the 2015 Supreme Court decision of Montgomery v Lanarkshire Health Board in matters of informed consent. [1]
On October 7, 2022, Pulsifer petitioned the Supreme Court to hear his case. On February 27, 2023, the Court granted certiorari. Oral arguments were heard on October 2, 2023. The case was argued by Shay Dvoretzky, on behalf of Pulsifer, and Frederick Liu, from the Solicitor General’s office on behalf of the United States.
However, according to the Supreme Court of California, the state's non-economic damages caps are "not a legislative attempt to estimate the true damages suffered by plaintiffs, but rather an attempt to control and reduce medical malpractice insurance costs by placing a predictable, uniform limit on the defendant's liability for noneconomic ...
Health courts are proposed specialized courts for handling medical malpractice claims. They are characterized by the use of specially trained adjudicators, independent expert witnesses, and predictable damage awards.
The Supreme Court in 1993 extended the requirement that inmates receive required medical care beyond what it established in Estelle. In Helling v. McKinney, the Court considered the case of a Nevada prisoner, "the cellmate of a five-pack-a-day smoker," who sought to be housed in an environment free of second-hand smoke. McKinney suffered from ...
An independent medical examination may be conducted at the behest of an employer or an insurance carrier to obtain an independent opinion of the clinical status of the individual. Workers' compensation insurance carriers, auto insurance carriers, and self-insured employers have a legal right to this request. Should the doctor/therapist ...
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