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 Brendan Faulkner, Esq. and Michael A. D’Amico, Esq. Despite the presumption of open courts with public access that stems from the First Amendment and the common law, far too much civil litigation is taking place in secret. Unnecessary court secrecy is a threat to public health and safety, the fair and efficient administration of … Read More
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 duty of zealous advocacy requires a lawyer to insist on the absolute discovery immunity afforded to her opinion work product. A lawyer cannot fairly represent her client unless certain matters remain private. Work product immunity provides a zone of privacy which allows a lawyer to … 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 Brendan Faulkner, Esq. and Mike A. D’Amico, Esq The difficult decision to place a loved one in a nursing home is frequently made under stressful circumstances and is always fraught with emotion. Mandatory arbitration agreements are often overlooked or not given appropriate consideration in the completion of the thicket of admission forms. These provisions, … 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 H. D’Amico and Michael A. D’AmicoJune 2017 The family car doctrine is not as straightforward as it sounds. It extends beyond family members, and imputes liability on those who are not merely the title holder of the car. This article explores the boundaries of the family car doctrine as it currently exists in Connecticut jurisprudence: (1) … Read More