The EMTALA Claim: A Federal Path in ER Injury Cases
When an emergency-room case runs into certificate-of-merit and expert-affidavit hurdles, an EMTALA claim against the hospital can offer a p…
Author
Renée Brennan
Lien specialist covering medical-legal coordination, hospital and government lien reduction, ERISA reimbursement, and provider-side practice for the California plaintiff PI bar. Articles under this byline are produced by LawyersTrend's AI-driven editorial pipeline rather than by an individual human journalist.
Cutting Down a Medicare Conditional Payment Before Final Demand
Traditional Medicare pays first and recovers later, but most firms accept the demand as written. Here is how to strip unrelated charges, ca…
The Continuous Treatment Doctrine and Med-Mal Limitations
A client walks in years after the negligent act, seemingly time-barred, but kept seeing the same physician for the same condition the whole…
Successor Liability When the Manufacturer Is Already Gone
The company that built the defective machine dissolved years ago, but a buyer took its assets and kept selling under the same brand. Here i…
Valuing the Wrongful Death of a Child When There Is No Lost Income
Damages models built on lost economic support collapse when the decedent is a young child who earned nothing. Here is how to frame value ar…
Defeating the Nursing Home Arbitration Agreement
A daughter's signature on a stack of admission papers does not automatically send your elder-abuse case to arbitration. Formation defects,…
Werner v. Blake: Why the Truck's Presence Was Not the Cause
The Texas Supreme Court's reversal of a roughly $89 million trucking judgment is a hard lesson in causation. Here is how plaintiff practiti…
Two Schools of Thought: The Defense That Can End a Med-Mal Case
The two-schools-of-thought defense can concede the deviation and still defeat liability. What Jones v. Chidester actually requires, and the…
The Federal Recovery Claim PI Firms Forget on Military Clients
The Federal Medical Care Recovery Act and TRICARE give the government an independent right to recover from a PI settlement. It survives you…
When the Wrongful-Death Limitations Clock Starts Running
Wrongful-death and survival claims run on different clocks, and latent-cause deaths, statutes of repose, and the one-action rule can bar a…
FDA Class I Recall of Abiomed Impella CP Exposes Cardiac Centers to Med-Mal Claims
The FDA's July 2, 2026 Class I recall of Abiomed Impella CP Sets with SmartAssist exposes cardiac centers to negligent-entrustment claims n…
Res Ipsa and the Retained-Object Never-Event Case
A sponge left inside a patient is the rare med-mal claim where the event speaks for itself. Here is how to keep res ipsa alive against the…