Monthly Archives: September 2012

Brien Roche Law > Blog > 2012 > September
Pulmonary Embolism Medical Malpractice

Pulmonary embolism medical malpractice most often occurs when a physician fails to recognize the existence and the signs and symptoms of an embolism. Pulmonary embolism is a blockage of an artery that carries oxygenated blood into the lungs. These arteries … Continue reading

Urgent Care Facilities

Urgent care facilities are becoming more and more popular throughout the country reports medical malpractice attorney Brien Roche.  It is estimated in a September 18, 2012 Washington Post article that an estimated 3 million patients visit them each week.  Most consumers … Continue reading

Nursing Home Arbitration Requirement

Nursing Home Arbitration Requirement Nursing home arbitration requirements have been the subject of some litigation over the last many years.  Many nursing home contracts contain a mandatory nursing home arbitration clause requiring that any disputes between the patient and the nursing … Continue reading


Acupuncture involves the placement of needles into areas of the body and then the manipulation of those needles by hand or with some electrical stimulation with the idea of either restoring health to that body area or somehow limiting pain … Continue reading


Nanotechnology in Fairfax County certainly is not a new concept.  The prefix “nano” from an etymological point of view means small or dwarf.  Nanotechnology is therefore technology of particles that are incredibly small.  Indeed, the unit of measurement is sometimes … Continue reading

Lethal Injections are Too Lethal

Lethal injections as currently used in Montana are unconstitutional. On September 7, 2012 a State Court Judge from Montana declared the lethal injections used by the state of Montana to execute prisoners to be unconstitutional.  Apparently, what the state prison system does … Continue reading

The Glove Did Fit

In one of the trials of the century involving O. J. Simpson, he was asked for some reason, to put on the supposed glove that was used by the murderer and, as we all may recall, the glove did not … Continue reading

Res Judicata Defined

Res Judicata Defined Res judicata is a concept that is similar to collateral estoppel which was addressed in another posting.  Res judicata can also be thought of as claim preclusion meaning that certain claims may be precluded from being relitigated … Continue reading

Grossly Negligent Behavior

Beyond gross negligence there is another level of negligence referred to as willful and wanton conduct.  We may deal with that in a different article. The concept of gross negligence becomes important because in regards to certain governmental entities they … Continue reading

Contributory Negligence Bar Recovery

Contributory negligence is a bar to recovery in most negligence cases according to injury attorney Brien Roche.  The only exception to that is if the defendant’s negligence rises to the level of what is called willful and wanton conduct.  Willful … Continue reading

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