Safety and Health Reporter

Fraud in Medical Malpractice

Brien Roche
Fraudulent behavior in the context of a medical malpractice case is not unheard of. However it is unusual. The court addressed such an issue in the case of Dell v. French, 38 Va. Cir. …

Insurance Contract Law

Brien Roche
Insurance policies are contracts. They are simply agreements. No different than most other contracts.
What follows is an explanation of contract law and some incorporation of insurance contract law.
First, some general definitions. A contract is …

Personal Injury and Contractor Licensing

Brien Roche
Construction contractors and tradespeople are required to be licensed in Virginia. Virginia Code § 54.1-1103(A) requires that “[n]o person shall engage in or offer to engage in contracting work or operate as an …

Police Qualified Immunity

Brien Roche
In police abuse of force cases, the officer may raise a defense of qualified immunity. That defense is an affirmative defense. The burden rests on the defendants to prove it. Gomez v. Toledo, 446 U.S. …

Distracted Driving

Brien Roche
Distracted driving is a frequent cause of auto crashes. 
Cell phone and texting usage while driving causes crashes. Knowledge that a person you are loaning your auto to uses a cell phone while driving …

Greater Weight of Evidence

Brien Roche
In any case there is a certain standard of proof. In most civil cases, the standard of proof is probability. Probability means greater than 50%. Sometimes the term “greater weight of the evidence” is …

Nurse Malpractice

Brien Roche
Nurses have a duty not only to comply with the standard of reasonable care for the a patient but also have a duty to act as an advocate for the patient. Their failure to …

Gallbladder Surgery Negligence

Brien Roche
Gallbladder surgery negligence can be seen in the cutting of the common bile or common hepatic ducts. The underlying problem that necessitates surgery is the presence of gallstones. This may dictate the surgical removal …

Auto Accidents with Trucks-Discovery

Discovery To Driver
Brien Roche
Truck accident discovery is critical. Trucks are complex. The relation between the company and the driver is complex. What follows is a series of proposed Interrogatories to the driver and …

Auto Accidents with Trucks-Insurance

Brien Roche
Insurance coverage is important in truck accident cases. 
Developing all sources of insurance is critical in any truck accident case.
Auto Accidents with Trucks-Insurance-MCS-90
Get copies of all of the policies of insurance. They apply …

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