Opoid deaths are more of a problem than car accidents. Now with many patient's addicted to potent pain medications, and doctors are shutting off the supply to their patients without the necessary support and care.
Schmidt, Sethi & Akmajian Blog
Torts—Medical Malpractice—Failure to File Preliminary Expert Affidavit
Romero v. Hasan, 755 Ariz. Adv. Rep. 27 (App. Div. I, January 5, 2017) (J. Thompson) PLAINTIFF'S FAILURE TO FILE PRELIMINARY EXPERT AFFIDAVIT IN MEDICAL NEGLIGENCE CASE SUPPORTS DISMISSAL/LIVE TESTIMONY OF EXPERT AT HEARING IN LIEU OF AFFIDAVIT NOT A PERMISSIBLE SUBSTITUTE UNDER STATUTE Plainti...
Torts—Workers’ Compensation Exclusive Remedy/Intentional Acts
McKee v. State, 755 Ariz. Adv. Rep. 30 (App. Div. I, December 30, 2016) (J. Gould) WRONGFUL DEATH ACTION BARRED BY EXCLUSIVE REMEDY WHERE DECEDENT ELECTS WORKERS' COMPENSATION AND INTENTIONAL ACT EXCEPTION REQUIRES DELIBERATE INTENT TO INJURE/INTENTIONAL INFLICTION OF EMMOTIONAL DISTRESS REQUIRE...
Torts—Statute of Limitations in Accountant Malpractice
Coulter v. Thornton, 755 Ariz. Adv. Rep. 15 (App. Div. I, January 3, 2017) (J.Cattani) DISCOVERY RULE APPLIES RE ACCRUAL OF STATUTE OF LIMITATIONS IN ACCOUNTANT MALPRACTICE AND WHERE ACCOUNTANT REPRESENTS PLAINTIFF BEFORE INTERNAL REVENUE SERVICE ACCRUAL DOESN'T OCCUR UNTIL IRS PROCEEDING RESOLV...
It's Flu Season
It's that time of year again…the dreaded flu season! The season typically runs from October- May, however, in the past two years, late January and early February have had significant increases in confirmed cases, according to the Arizona Department of Health Services. This season there has been 1...
Website Reveals Your Personal Information and How to Shut It Down.
My second privacy post in a week. 2017 is a brave new world. Several friends recently shared a post on social media shining a light on the website wwww.familytreenow.com. The promise of the site is interesting - research your genealogy and produce a family tree. Sounds great, but what the websi...
Alexa, Are You Spying on Me?
The hottest toy for the over-6 set this season was not a Hatchimal. It was Amazon's very personable and very responsive Alexa. You can find Alexa in a host of Amazon gadgets including the Echo and Dot, both are counter-top devices that you can talk to and will fulfill your requests. Want to ...
Torts: Defamation Claim Against Public Official/Employee Requires Notice of Claim
Villasenor v. Evans, 754 Ariz. Adv. Rep. 34 (App. Div. I, December 20, 2016) (J.Swann) NOTICE OF CLAIM REQUIRED TO SUE PUBLIC OFFICIAL/EMPLOYEE FOR ANY ACTS OR OMMISIONS OCCURING WITHIN SCOPE OF PUBLIC EMPLOYMENT Plaintiff was a developer and lobbyist facing public opposition to a zoning chan...
Torts/Civil Procedure/Juror Misconduct/Burden of Proof in Emergency Room Medical Malpractice/One Expert Per Issue Rule/Prejudice vs Probative Value/Judgment as a Matter of Law
Stafford v. Burns, 753 Ariz. Adv. Rep. 14 (App. Div. I, November 29, 2016) (J. Jones) MEDICAL NEGLIGENCE OF ER DOCTOR MUST BE PROVEN BY CLEAR AND CONVINCING EVIDENCE REGARDING ALL ACTS AND OMISSIONS OCCURING IN THE COURSE OF EVALUATING AND TREATING A PATIENT IN ER/DEFENDANT DOCTOR CAN TESTIFY TO...
Torts: Medical Malpractice—Standard of Care: Failure to Supervise Nurse/Expert Qualifications Required Re Nurse Midwife/Rule 56(f) Arizona Rules of Civil Procedure
St. George v. Plimpton, 753 Ariz. Adv. Rep. 8 (App. Div. I, November 19, 2016) (J. Gould) PLAINTIFFS SHOULD PLEAD NEGLIGENT SUPERVISION AS SEPARATE COUNT/LACK OF TESTIMONY OF SPECIFIC ACTS OF NEGLIGENCE/LACK OF QUALIFICATIONS OF EXPERT/PROPER DENIAL OF REQUEST FOR MORE TIME TO FIND PROPER EXPERT...
A Driverless Future
All signs are pointing toward a driverless future. Although the technology for a fully autonomous car is still in its infancy, automobile and technology companies such as Uber, Google, Tesla, and Ford are racing to be the first to cross the finish line. Yesterday Uber announced that riders in Sa...
More Tips on Holiday Safety
With the holiday season starting on its way, it is important to keep in mind some safety tips. Although this is a time for happiness and cheer, it is also a time with heightened burglary, robbery, and theft. Here are a few items to keep in mind while enjoying the holiday season. When leaving you...
Important Changes to the Arizona Rules of Civil Procedure
Many important changes to the Arizona Rules of Civil Procedure will go into effect in 2017. Though it is recommended that every lawyer do their due diligence by reviewing the changes carefully, here is a summary of some of the rules to take an especially close look at: 1. Perhaps the most substa...
Support Our Children -- Combat Bullying
Across the country children are faced with bullying on a daily basis, whether it be at school, onthe web or at after school activities or sports. Schools frequently confront the issue with awarenessmonths, anti-bullying programs, reward incentives and counseling classes. However, finding a soluti...
Seven Steps to Holiday Safety
National studies show that more people are injured or die during the holidays and especially on Christmas Day and New Year's Eve than any other time of year. Thirty percent of all house fires and 38% of all fire deaths occur during this period. http://www.esfi.org/resource/holiday-data-and-stati...
Baby Bath Seat Recall number: 17-717
On December 1, 2016, the Consumer Product Safety Commission issued a recall of Lexibook Baby seats and chairs. Beware these seats can tip over and infants can drown. They were sold on Amazon, Wayfair, Young Explorers and Unbeatable Sale between January 2013 through August 2016 for between $30 a...
What Is Kratom?
Over the Thanksgiving a couple of ads for an herb called kratom caught my eye. I had never heard of it. Kratom is a tropical tree in Southeast Asia. It's leaves can be eaten raw, but more often they're crushed and brewed in tea or turned into capsules. The tree has been used in local cultures...
Revolutionary New Standing Wheelchair
An Israeli company is launching a groundbreaking, self-stabilizing wheelchair that allows users to maneuver in a standing position. The device, from UPnRide Robotics, uses a gyroscope similar to the system found in two-wheeled Segway and self-stabilizing software. With these tools, a paralyzed ...
Another Study Shows Conservative Care is Equally Effective to Orthopedic Treatment
A string of studies are showing that common surgeries and therapies are no more effective than conservative care. Every patient should question whether a recommended procedure has been shown to have significant benefits over conservative care.
The Electoral College Explained
For the second time in sixteen years, a presidential candidate who won the popular vote will not win the Electoral College--and, consequently, the presidency--bringing up again an intense debate over which method should be used to determine the President of the United States. Each state is give...
TriStar's Power Pressure Cooker Capable of Exploding
With Thanksgiving fast approaching, the appeal of using a pressure cooker is clear. Pressure cookers such as the Power Pressure Cooker XL, manufactured by Tristar Products, advertise the appliance as a “one-button kitchen miracle that lets you prepare perfectly cooked, mouthwatering meals for you...
Finish the Ballot -- The Judicial Candidates
Election Day is less than a week away. Whether you are about sit down at the dinner table with your ballot, or are planning to vote in person on November 8, make sure to finish your ballot. Don't waste your opportunity to weigh in and vote on Arizona's judicial retention election questions. Wh...
Crash Test Dummies -- The Power of Product Liability Laws.
Dramatic crash test shows the safety benefits of a robust products liability legal system.
Torts: Negligence/Comparative Fault/Intoxicating Liquor Defense Constitutional
Franklin v. Clemett, 750 Ariz. Adv. Rep. 13 (App. Div. I, October 25, 2016) (J. Norris) ARIZONA REVISED STATUTE §12-711 CONSTITUTIONALLY ALLOWS A JURY TO BAR A PLAINTIFF 50% OR MORE AT FAULT FROM ANY TORT RECOVERY IF FOUND TO HAVE ALSO BEEN INTOXICATED Plaintiff and defendants got into a fight ...
Fourth Jury Link’s Ovarian Cancer to Use of Talc Powder
A fourth jury agreed that Johnson's Baby Powder and Shower to Shower talc products are linked to ovarian cancer. Studies have especially shown a strong link between ovarian cancer and talc when women start using these productions before their first child.