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When the Misconduct is Not Foreseeable, Can the Medical Provider be Held Responsible?

September 28, 2017 BY Christina Jay | General Liability

Recently, there have been a slew of stories in the media highlighting instances involving sexual assault while a patient is under anesthesia or sedated. Many of these stories involve medical doctors, dentists, or anesthesiologists who committed these heinous crimes against their own patients. ... Continue Reading

Litigation Pitfalls: Failure To Preserve Evidence In Your"Control."

May 03, 2014 BY Lisa Richardson | Employment Law

Spoliation of evidence is the destruction or failure to preserve evidence within the possession, custody or control of a party after that party ... Continue Reading

Is An Alford Plea In A Criminal Case Admissible In A Subsequent Civil Case?

January 02, 2014 BY Matthew Jones | Professional Malpractice and Healthcare Litigation

Incidents that involve an alleged criminal act often times give rise to a subsequent civil lawsuit brought by the victim. However, because ... Continue Reading

Ecm's And Spoliation: The Importance Of An Accurate Record

November 01, 2012 BY Def Admin | Appellate

The fastest and most effective way for a party to lose an otherwise defensible case is to be sanctioned for spoliating evidence. In Georgia, spoliation is defined as the ... Continue Reading

How To Avoid The Pitfalls Of Pre-Suit Investigation By An Independent Adjuster

September 03, 2012 BY Eric Mull | Insurance and Reinsurance Law

The facts are routine – a set of circumstances you know well. An accident of some sort occurs, let's say a car accident, the claim is reported ... Continue Reading

The Journal is a publication for the clients of Drew Eckl & Farnham, LLP. It is written in a general format and is not intended to be legal advice to any specific circumstance. Legal Opinions may vary when based upon subtle factual differences. All rights reserved. 

Editorial Board:

H. Michael Bagley

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