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Medical Litigation Funding: How to Spot It and How to Fight It

March 26, 2021 BY Whitney Lay Greene | Professional Malpractice and Healthcare Litigation

On the surface, medical litigation funding and lien-based medical treatment provide a necessary service to individuals injured in an accident who would not otherwise be able to afford medical treatment. However, this noble veneer hides the potential ethical and legal turmoil of artificially inflated medical bills, questionable procedures, and a complex web of relationships between referral sources, medical providers, and third-party funding companies that may result from efforts to maximize an "investment" in the bodily injury claim or lawsuit. Skeptics of third-party funding believe these practices are at least partially to blame for the recent increase in so-called "nuclear verdicts" arising from seemingly ordinary cases. ... Continue Reading

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

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
(Editor-in-chief)

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