On June 24, 2024, the Superior Court of New Jersey Appellate Division rendered an unpublished decision that reiterated the significant deference given to Workers’ Compensation Judges (WCJ) in their assessment of medical facts and expert opinions. In Victoria Salomone v. Spectrum360, the Court affirmed the denial of a motion for temporary medical and disability benefits where the petitioner could not prove any injury or medical condition casually related to the incident, despite the testimony of a board-certified surgeon. Learn the details about this case in this #WGAlert by Samuel Weathers and Jeffrey Newby now: https://lnkd.in/eMxsqkFs
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Serjeants Inn - Short blog on Paul today and then detailed discussion in webinar on Monday
John de Bono KC and Christopher Johnston KC discuss today’s Supreme Court decision in Paul v Wolverhampton on nervous shock. Read the full article from our healthcare blog here: https://bit.ly/3vypBZt We will be hosting a flash webinar on Monday 15th January following today’s decision. Full details and registration can be found on our website: https://bit.ly/48wWxAe #TrustedWhenItsCritical #ClinicalNegligence #Flashwebinar
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Three cases before the US Supreme Court this term could have significant repercussions for the long-term care sector, including how much authority federal agencies have to create and enforce regulations that go beyond the intention of Congress. If you have questions about these potential changes, please get in touch with us. #TheVBShop #USSupremeCourt #Congress #LTC #LongTermCare #LifeInsurance https://lnkd.in/d-Tkxfr
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Irish High Court Delivers Important Judgment on Scope of Nervous Shock Claims In the much-anticipated judgment of Germaine v Day, the Irish High Court has found that the wife of a man who died following a delayed diagnosis of cancer cannot recover damages for nervous shock. The Court found that the adjustment disorder suffered by the plaintiff wife from witnessing the deterioration of her husband was not "shock induced", meaning that she failed to prove a key criterion in the legal test for recoverability for nervous shock. Judge Egan also found, based on the specific facts of the case, that the defendant hospital did not owe the plaintiff a duty of care in the circumstances. The Judge declined, however, to decide on the broader issue of whether, as a general principle, healthcare providers owe a duty of care to the relatives of their patients, stating that this issue is of "broad significance" and should only be determined in an appropriate case in which the issue “squarely arises”. More detailed briefing to follow. #nervousshock #kennedyslaw
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Certainly a must-read judgment on the matter of recoverability in nervous shock claims. It will be interesting to see how the Court deals with the issue of recoverability in nervous shock claims where casual proximity is not in dispute between the parties.
Irish High Court Delivers Important Judgment on Scope of Nervous Shock Claims In the much-anticipated judgment of Germaine v Day, the Irish High Court has found that the wife of a man who died following a delayed diagnosis of cancer cannot recover damages for nervous shock. The Court found that the adjustment disorder suffered by the plaintiff wife from witnessing the deterioration of her husband was not "shock induced", meaning that she failed to prove a key criterion in the legal test for recoverability for nervous shock. Judge Egan also found, based on the specific facts of the case, that the defendant hospital did not owe the plaintiff a duty of care in the circumstances. The Judge declined, however, to decide on the broader issue of whether, as a general principle, healthcare providers owe a duty of care to the relatives of their patients, stating that this issue is of "broad significance" and should only be determined in an appropriate case in which the issue “squarely arises”. More detailed briefing to follow. #nervousshock #kennedyslaw
Judgments | The Courts Service of Ireland
courts.ie
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Expert Witness. Police Custody, Ligatures & Use of Force. Drink/Drug Driving. Specialising in Policing.
The use of force should never be assessed purely on whether or not the technique was correctly applied. Many factors are relevant to be considered, including whether a police power exists or not. For example, are the police acting under the criminal justice process or under a healthcare response to assist medical/mental health professionals with section 3 MHA transfers. Another issue may be the location of the use of force. For example, it should be extremely rare for a person to be handcuffed in a police cell.
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Dive into the nuances of #FMLA harassment through our in-depth guide. Explore the various forms, implications, and legal dimensions of harassment under the Family and Medical Leave Act (FMLA). 📚 #EmploymentLaw #LegalGuide https://bit.ly/3rXvUiM
What Is Considered FMLA Harassment - And What To Do About It
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Through the use of trusts, powers of attorney, and/or advance directives such as living wills and designations of health care agents and conservators, you can achieve peace of mind, knowing that the individuals you trust will be able to act for you in the event of illness or incapacity. Call 860-646-1974 to get started. #HealthcareDecisions #healthcaredirectives #healthcarepowerofattorney
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Former federal prosecutor focusing on antitrust cartel enforcement and procurement fraud, other government prosecutions, enforcement actions and investigations, and internal investigations,
The Illinois Supreme Court's unanimous decision on November 30th, declared that biometric data collection from healthcare employees during medical services is exempt from #BIPA. A pivotal win, but it's crucial for practitioners to exercise caution in not misapplying the ruling. Read our recent On the Subject from my colleagues David Saunders and Daniel Campbell to learn more:
Finger-Scan Information Collected by Healthcare Providers Is Exempt From BIPA
mcdermott.shp.so
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Lets take a peek behind the ERISA curtain where six cases against Multiplan pending in California, New York, and Illinois will move forward as one consolidated case in the federal district court in Chicago. Eighteen potentially-related actions pending in two districts will also be consolidated. Many should become educated to the allegations in these cases. #multiplan #aetna #cigna #unitedhealhcare #antitrust #employersponsoredhealthcare #healthcareadministration #healthcarelitigation #healthcarecompliance https://lnkd.in/gvp3UMvw.
