Safety and Health Reporter

Unnecessary Hip Replacement
Brien Roche

Hip replacement surgery has become the bread and butter of many orthopaedic surgeons.  Many of these surgeries are simply unnecessary.  Hip pain, where there is no arthritis, typically is a clue …

ERISA Subrogation

Brien Roche
Erisa Subrogation and McCutchen
In U.S. Airways, Inc. v. McCutchen the U.S. Supreme Court dealt with the issue of ERISA subrogation. Erisa stands for Employee Retirement Income Security Act.  That law sets forth a …

Truck Accidents
Brien Roche

Tractor trailer crashes account for approximately 500,000 vehicles accidents in the United States each year.  Drivers of these large trucks are ten times more likely to be the cause of a car …

Drunk Drivers
Brien Roche

A man in Florida who suffers from brain damage due to a crash caused by a drunk driver was awarded $5 million in his personal injury claim.  In 2007 Dwight Grant, a …

Punitive Damage Awards
Brien Roche

The Virginia Supreme Court dealt many times with the issue of punitive damage awards.  The question in one case was whether an award was too high.  The jury awarded different amounts …

Knee Replacement
Brien Roche

Knee replacement surgery becomes necessary when the cushion between the bone has worn down. That cushion between the bones is the cartilage. The knee bones themselves are held in place through ligaments …

Cross-Examination
Brien Roche

There are lots of rules that are applicable to cross-examination.

Rules can be good but as is so often the case in law, rules are swallowed up by the …

Corporate Depositions
Brien Roche

Corporate depositions (depos) are controlled by the Rules of the Court. The rules require that the outfit being deposed(corporation or otherwise) choose and prepare one or more persons to speak …

Diagnosis and Misdiagnosis

Brien Roche
Misdiagnosis
Diagnosis-misdiagnosis are contrary terms but frequently go hand-in-hand.  Studies indicate that doctors make the wrong diagnosis in 10% to 15% of office visits for a new problem.  
The average office visit with most …

Sovereign Immunity

Brien Roche
An Overview Of Sovereign Immunity
Sovereign immunity is a difficult concept to comprehend in Virginia.  The cases from the Virginia Supreme Court appear to be inconsistent. Some general principles that can be set …

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