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Analyzing a Medical Negligence Claim

ANALYZING A MEDICAL NEGLIGENCE CLAIM by Andrew J. Rossetti, EsquireBoard Certified Civil Trial AttorneyRossetti & DeVotoCherry Hill, NJ 08002 John Kirby, M.D.Board Certified InternistCooper Physicians1210 Brace Road Ste 102Cherry Hill, NJ 08002356-428-6616 Andrew J. Rossetti, EsquireBoard Certified Civil Trial AttorneyRossetti & DeVotoCherry Hill, NJ 08002 John Kirby, M.D.Board Certified InternistCooper Physicians1210 Brace Road Ste 102Cherry Hill, NJ 08002356-428-6616 March 22, 2002 INITIAL PHONE CALL     Damages, Damages, Damages         • Medical malpractice cases are very expense to pursue.   Therefore, the damages must be very large.        • The injury must be serious and cause permanent disability.        • Let the plaintiff tell… Read More

Health Maintenance Organizations

Health Maintenance Organizations Louis J. DeVoto I. BACKGROUND: HISTORY AND TYPES OF HMOs While the first pre-paid health plan can be traced back to a cooperative in Elk City, Oklahoma in 1927, HMOs have only recently become popular. With the passage of the Health Maintenance Organization Act of 1973, 42 U.S. C. sec. 300e-300e-17, industry growth has been dramatic. By 1985, there were 263 HMOs, with more than 18 million members. Since then, there has been significant consolidation within the industry, a trend which should continue for the next several years. Today, there are three basic HMO models presently in… Read More

When Can Employees Be Interviewed Ex Parte?

“When Can Employees Be Interviewed Ex Parte?” National Trial Lawyer – March 1993Louis J. DeVoto Can a representative of a plaintiff’s personal injury firm interview a manager or low level employee at a store where the plaintiff was injured? Does it matter if the interview is conducted before or after the suit is filed? Does a representative of the defendant or its carrier have a right to be present? This brief article will set forth why ex parte interviews with certain types of employees are permitted, even if the matter is in suit. Lawyers who sue corporations may conduct ex… Read More

The Wrongful Death Act

The Wrongful Death Act Andrew J. RossettiMarch 1999 I. WRONGFUL DEATH LAW 1. When action lies Death caused by the wrongful act of another where pecuniary losses are sustained. N.J.S.A. 2A:31-1 When the death of a person is caused by a wrongful act, neglect or default, such as would, if death had not ensued, have entitled the person injured to maintain an action for damages resulting from the injury, the person who would have been liable in damages for the injury if death had not ensued shall be liable in an action for damages, notwithstanding the death of the person… Read More

Injury On the Golf Course: Regardless of Your Handicap, Escaping Liability Is Par for the Course

The University of Toledo Law ReviewVolume 24; Summer 1993; Number 4 “Injury On the Golf Course: Regardless of Your Handicap, Escaping Liability Is Par for the Course” Louis J. DeVoto* I. INTRODUCTION “Golf is one of the more popular pastimes in this country.” The popularity of the sport has increased tremendously in recent years. As play on the golf course has increased, so have golf related injuries. Golfers know that “poor shots end in sand-traps, roughs and higher handicaps.” But most golfers and many lawyers do not realize that stray shots can also end in serious injuries and large lawsuits…. Read More

The Daubert Analysis

THE DAUBERT ANALYSIS Andrew J. Rossetti, Esquire12/15/99 I. THE FEDERAL STANDARD OF ADMISSIBILITY     A) FRE 702. TESTIMONY BY EXPERTS.     If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise. “The sole justification and purpose of expert testimony is to assist the trier of fact to find a solid path through an unfamiliar and esoteric field.” Thompson v. Merrill Dow Pharmaceutical,… Read More

Medical Chart Falsification

MEDICAL CHART FALSIFICATION-HOW CAN YOU STOP THE FRAUD? By: Louis J. DeVoto, Esq. September 17, 1999 I. INTRODUCTION The National Head Injury Foundation estimates that approximately two million Americans will suffer a traumatic brain injury every year.1 Mild head injury accounts for 75% or more of those brain injuries.2 Data from many studies suggest that the most frequent exposure associated with brain injury is transport, i.e., automobiles, trucks, bicycles, motorcycles and watercraft.3 4 5 Unfortunately, persons surviving mild traumatic brain injuries are often victimized because little or no medical documentation of the head injury is entered at or near its… Read More

Lou and Andy Named to Best Lawyers 2018

Rossetti & DeVoto

Andy Rossetti and Lou DeVoto have again been named to New Jersey's Best Lawyers for 2018 for Personal Injury Litigation. This is the 15th year in a row that both Rossetti & DeVoto have been named in the elite rankings.

Did You Know…

Rossetti & DeVoto

Rossetti & DeVoto, PC was selected for inclusion in the 2018 Bar Register of Preeminent Lawyers by Martindale-Hubbell, ranking them among the most distinguished law firms in America. Fewer than 5% of all law firms are included in the Bar Register.

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