Mauro Fiore, Sergio Julian Puche, and Gilbert Perez III’s article published in the October 2020 issue of the Advocate talks about how to draw the line between med-mal and premises liability. Citing relevant cases, they lay out what nuances to look for and what questions to ask before you reject another potential med-mal referral.
“Seems pretty simple, right? But even under the scenario with our potential new client you will invariably run into defense counsel who with a straight face will tell you “this is med-mal” and “you blew the one-year statute” when you file this type of case as an ordinary negligence/ premises case.”
It's a great read by an experienced team. Give the full article a read online now and let us know what you think!