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Jeremy W. RichterJeremy W. Richter
Jeremy W. RichterJeremy W. Richter
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Medical Malpractice

When Is an Indemnity Action Time-Barred under the AMLA?

When Is an Indemnity Action Time-Barred under the AMLA?

Oct 9, 2017

McNamara v. Benchmark Ins. Co.: An indemnity action that arises from an underlying claim of medical malpractice is time-barred if commenced more than four years after the medical injury is incurred, pursuant to Alabama Code (1975) § 6-5-482. Facts of the Matter In December 2009, Ricky Avant’s doctor prescribed him to take Tobramycin for two weeks. Southern Medical was assigned to fill the prescription but discovered that Medicare would not pay for Tobramycin. At Southern Medical’s suggestion, Avant’s prescription was changed to gentamicin, which Avant was to take for only one week (rather than two). Avant’s doctor relayed the new order...

Med-Mal: Exceptions to the Expert Testimony Requirement

Med-Mal: Exceptions to the Expert Testimony Requirement

May 4, 2017

Betty Collins v. Herring Chiropractic Center, LLC, et al.: Under the Alabama Medical Liability Act, expert testimony is generally required to prove causation and breach of the standard of care, but there are exceptions to the general rule. Burned By a Cold Pack In June 2012, Betty Collins began treating with Ricardo Herring, D.C. for injuries to her knee, shoulder, and lower back. As a part of her treatment, Herring applied a cold pack to Collins’s knee. He treated her on several occasions during June 2012. On her July 9, 2012, Herring’s assistant retrieved a cold pack from the refrigerator and...

Med-Mal Recovery Thwarted by the Statute of Repose

Aug 8, 2016

A legal injury occurs, not when the harm manifests itself, but rather when the malpractice itself occurs.

Being a lawyer doesn’t mean doing business as usual.

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