GA: nurse insisted pt. "take" wrong meds: cardiac arrest resulted from OD on meds.
CASE FACTS: Michael Painter was treated at Wellstone Hospital's emergency room for burns he received on his back. Following the advice of his plastic surgeon, he returned to the hospital for further treatment of his burns. After three days in the hospital, Painter complained that a nurse forced him...

'Judges can't create law & seek enforcement'.
Byline: Dhananjay Mahapatra NEW DELHI: As SC cautioned against judicial activism, the bench derived strength from the recent speeches of two former CJIs - Justices J S Verma and A S Anand - expressing anguish over the manner in which the judiciary has breached the thin line...

Frame-up by 'rape victim' not uncommon, says SC.
NEW DELHI: The Supreme Court has asked trial courts to be circumspect in dealing with evidence as false rape charges were not uncommon. The ruling came from the apex court on Friday when a Bench comprising Justice R V Raveendran and B Sudershan Reddy while acquitting one...

Motions to sever & change venue limited in death case.
CASE ON POINT: Rose v. Bologna, No. 2005-1A-01494-SCT (Miss. 10/12/2006) So.2d -MS ISSUE: The location or venue in which a case is tried can often influence the final outcome of a case, either for or against a defendant or for or against a plaintiff. This is particularly...

Plaintiff's medical witness' testimony not admissible.
CASE ON POINT: Knox v. Univ. Health Sys. of E. Carolina, Inc., 2007 NCCA-258 (2007) S.E.2d--NC ISSUE: A plaintiff in a medical malpractice case must have an expert medical witness who has the same or more credentials as those of the physician or physicians who are allegedly...

Must medical expert witness have 'same' credentials?
HOW CLOSELY MUST AN EXPERT MEDICAL WITNESS HAVE THE SAME (OR SIMILAR) EDUCATION, TRAINING, AND EXPERIENCE AS THE PHYSICIAN OR PHYSICIANS AGAINST WHOM HE OR SHE IS TO TESTIFY? That was the issue in this Georgia case in which the parents of a minor child engaged an expert medical...

'Backup' surgeon responded to a prior emergency.
CASE ON POINT: Ouelette v. Patel, 2007 FLACA2 2D06-397 (11/17/2007) So.2d -FL ISSUE: What if your backup surgeon cannot respond for you? CASE FACTS: On April 25, 1997, Dr. Bhasker Patel, a cardiologist, admitted Lewellyn Ouellette to a hospital for a percutaneous transluminal (balloon) anoplasty...

SC affirms ownership by town of forest area.
Byline: DEXTER A.SEE BAGUIO CITY -- The Supreme Court (SC) affirmed with finality the status of a nine-hectare forest reservation in Puguis, La Trinidad, Benguet as part of the town's communal forest after it denied a petition to review a decision of the Court of Appeals (CA)...

MI: deficiency in Notice of Intent (NOI) to sue: trial court erred in denying summary judgment.
CASE FACTS: Drs. Scott Cheney and Stephen Messana reviewed and reported on x-rays and a CT scan performed on Eric Korpal on January 5 and January 7, 2003. The patient sent the physicians a Notice of Intent (NOI) to sue. The NOI failed to refer to the readings of...

SC vacates stay on LNG pool pricing.
NEW DELHI: Gas-based power companies got a major reprieve on Wednesday from the Supreme Court, which lifted the stay on the Centre's March 2007 policy decision to enforce uniformed pooled price for regasified liquefied natural gas (R-LNG). One of the major beneficiaries is Ratnagiri Gas and Power...