We are mindful of protecting everyone’s safety during the COVID-19 pandemic so we are offering the ability to conduct meetings by telephone or through video conferencing for our current and future clients.
By Christine Antonellis Norton, Esq. and Mike A D’Amico, Esq.November 2014 Electronic medical records (EMR)/electronic health records (EHR) (hereinafter EMR) have largely replaced paper medical records since the passage of the Health Information Technology for Economic and Clinical Health (HITECH) Act in 2009. Previously, when alterations were made to a paper medical record, the same health care … Read More
By Brendan FaulknerAugust 2016 The Center for Disease Control publishes an annual list of the most common causes of death in the United States. “Medical errors” (i.e. mistakes in diagnosis, poor discharge instructions, and preventable complications such as infections picked up in the facility) is not one of the causes listed, but should be according to a new study by patient safety … Read More
By Brendan Faulkner, Esq. and Mike A. D’Amico, Esq The standard of care pertinent to a medical malpractice claim in Connecticut is defined by Conn. Gen. Stat. 52-184(c) as a breach of the prevailing professional standard of care-that level of care, skill and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate … Read More
By Jeremy H. D’Amico and Michael A. D’AmicoJanuary 2019 What is the difference between a pre-existing “condition” and pre-existing “disability”? The distinction has significant implications for your client when improperly lumped into the pre-existing disability category when she actually suffers from a pre-existing condition. Often the terms are mistakenly used interchangeably. Civil Guide Jury Instruction … Read More
By Jeremy D’Amico and Michael A. D’AmicoNovember 2016 Plaintiffs can be caught off-guard by discovering that a physician of a private health center is considered a federal employee because the health center receives federal grants. If this discovery occurs beyond the Federal Tort Claim Act statute of limitations, the claim is time-barred. This article explains … Read More
By Michael D’Amico and Brendan Faulkner November 2015 Lying under oath is a crime against justice and undermines the authority of our courts. There can be no greater blight to the pursuit of justice. Unfortunately, it is apparent that some witnesses do not take the obligation of an oath seriously. Denying knowledge of a known … Read More
By Mike A. D’Amico1August 2013 On January 10, 2013, President Obama signed into law the “Strengthening Medicare and Repaying Taxpayers Act”, otherwise known as the SMART Act. For tort and civil justice litigators, it more appropriately may be referred to as the “Saving Me A Lot of Ridiculous Time” Act. We all have experienced the … Read More
By Brendan Faulkner, Esq. and Mike A. D’Amico, Esq.July 2013 How many times have you had to brief a Motion for Protective Order filed by a defendant arguing that the defendant must not be deposed until after the plaintiff? And how many times have you had to wait for the defense disclosure of an expert … Read More