Safety and Health Reporter

Personal Injury Conflicts Rule

Brien Roche
In the course of a lawsuit, there may arise an issue of what state law applies.  You need to know what the so-called “conflicts rule” is for that state.  In regards to tort and …

Voluntary Payment Doctrine

Brien Roche
The voluntary payment doctrine states that where one party pays an illegal demand with full knowledge of all the facts, then it may not recover that payment.  The exceptions to that are three in number.  …

Virginia Judicial Notice

Brien Roche
Virginia Judicial Notice-Shortcut
Judicial notice is a form of a judicial shortcut.  What it means is that there will be no need for formal proof where judicial notice is taken of something.  Formal proof would simply be …

Plastic Surgery Malpractice
Brien Roche

Plastic surgery, also known as cosmetic surgery, is a very lucrative business.  These types of medical malpractice cases may be difficult claims. Many people are biased against others who elect to  …

Personal Injury Twelve Week Expert

Brien Roche
I like to call them the “twelve week experts”.  They are so common among defense medical doctors that I think they deserve that name.  These doctors testify for the defense.  Their testimony is …

Car Accident BAC Levels

Brien Roche
In any car accident case, BAC levels need to be of concern to an attorney.  BAC stands for Blood (Breath)Alcohol Content.  It is measured by the police through a breathalyzer test given at the station …

Police Car Accidents

Brien Roche
Police car accidents should be no different than any other car accident case.  However they are.  Police in Virginia may have immunity.  That immunity depends on what they were doing at the time of the …

Car Accident Medical Emergency
Brien Roche

The defense of sudden medical emergency arises where a medical condition has caused a driver to lose control of an auto.  If this causes injury to another that does not mean …

Car Accident Falling Trees

Brien Roche
Falling trees may be a hazard anywhere.  They become a particular hazard if they fall onto a roadway or onto a home.  
Car Accident Falling Trees-Va. Supreme Court
The Virginia …

Trauma Surgery Medical Malpractice
Brien Roche

Trauma surgery recognizes what is known as the “golden hour”.  That golden hour is the 60 minutes following the injury.  It is during that 60 minutes that the patient’s outcome …

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