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Proving Consent Was Not Informed Is Not So Easy For Medical Malpractice Plaintiffs

Last week, the Court of Appeals reinforced the importance of the statutory presumption that a doctor has obtained valid informed consent. The Hauser v. Brookview Women’s Center court affirmed the trial court’s instruction on...more

Appellate Courts Have Discretion To Set Scope Of New Trial On Remand—At Least Sometimes

Rule 59 is a powerful tool. A trial court has discretion to determine whether any one of the nine grounds in Rule 59(a) applies. The trial court then has discretion to select a remedy—a new trial in whole or in part....more

1/7/2019  /  Appeals , Damages , Negligence , Remand
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