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:: States

Articles Posted in States

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Last week, in Siebert v. Okun, the New Mexico Supreme Court ruled that the state’s damages cap in medical malpractice cases was constitutional, concluding the law did not violate the right to a trial by jury. This ruling struck down the Bernalillo County District Court’s 2018 ruling on Siebert v. Okun.

New Mexico’s Medical Malpractice Act

The New Mexico legislature passed the Medical Malpractice Act in 1976. The law caps damages in medical malpractice cases at $600,000. It applies to lost wages and pain and suffering. The cap excludes punitive damages and compensation for medical and rehabilitative treatments.

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This post is about a significant verdict in Georgia after an awful circumcision mishap caused a boy severe and permanent injuries.  In this post, I talk about this tragic case and take a deep dive into the statute of limitations in Georgia in birth injury cases.

The Big Verdict

A jury in Clayton County, Georgia, awarded a mother and her four-year-old son $31 million for a circumcision gone wrong. This malpractice incident occurred at an OB/GYN and pediatric clinic. This is a significant verdict for the most common surgical procedure in the country and one that is rarely the subject of a malpractice lawsuit.

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The Court of Appeals of Georgia, Georgia’s intermediate appellate court, wrote about a topic I touched on two years ago. In an extremely short opinion, this Georgia court was faced with the question of how far lawyers can go in referencing biblical passages in the Bible or other religious texts.

Powell v. State

The Defendant in Powell v. State appealed his conviction for aggravated assault.The evidence presented at trial showed that Powell was present during a fight between the victim and Powell’s brother-in-law. Powell had gone to the victim’s house to confront the victim’s wife about alleged theft from his sister. After the altercation ended, Powell shot the victim in the shoulder.

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This page will explain North Dakota wrongful death lawsuits and their settlement value.  We will explain how the North Dakota wrongful death statute works and who is eligible to bring a wrongful death lawsuit and get settlement compensation. We also explain the second cause of action in death cases, a survival action which provides a second path of compensation for the victim’s family

North Dakota Wrongful Death Law

Like all states, North Dakota has statutory laws that govern wrongful death claims. Wrongful death claims are civil actions that are filed when one party’s negligence, misconduct, or criminal action results in the death of another. Understanding North Dakota’s wrongful death laws can help survivors make informed decisions when seeking justice.

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