Respondent Exhibits U and V; hereinafter abbreviated thusly: RE). Whether NICO even exists as a pathology in its own right is a question which has provided the source of not an inconsiderable amount of debate within the dental community. (Record as a whole). This nation's leading proponent of NICO is Respondent's witness Dr. Jerry Bouquot, presently the Director of Research at the Maxillofacial Center for Diagnostics & Research in Morgantown, West Virginia. He has been a licensed dentist since 1971, and is Board Certified in Oral Pathology. He specializes in oral and maxillofacial pathology. He has had a long and distinguished career. (12:74; RE120). He is widely and extensively published on the subject of NICO. (SE 25,45;RE 128, 129, 150). According to Dr. Bouquot, "NICO is just the-the jawbone version of a disease that occurs and has been reported in virtually every bone in the human body, as well several animals"." (12:82). However, again according to Dr. Bouquot, NICO is a lesion histologically unique from other forms of osteomyelitis. (SE45). Therein lies the claim by Dr. Bouquot which has generated widespread opposition to, or at least withholding of, acceptance of NICO by the majority of the dental community as a whole. Put in Dr. Bouquot's words, "The real question is whether NICO differs from classic forms of acute or chronic osteomyelitis?" Dr. Bouquot wrote in a 1992 article published in Oral Surgery, Oral Medicine, and Oral Pathology, of four conditions he claims supports his contention that the correct answer to that question is "it does." (SE45). First, Dr. Bouquot writes that in "acute osteomyelitis, pain intensity is directly related to the presence of significant suppuration and considerable relief is immediately noted on cortical perforation and free egress of pus from the medullary spaces. Such does not appear to be the case with NICO lesions." Second, "the character of local pain differs between these two diseases. Acute osteomyelitis produces much more intense bone pain on palpitation (tenderness) and is often very painful even without palpitation. NICO cavities, while known to trigger lancinating, paroxysmal attacks on palpitation, may be only mildly tender themselves and seldom demonstrate sharp local pain without palpitation." Third, is "the virtual absence of new bone formation or healing contrary to chronic osteomyelitis.and. a surprising lack of active resorption of nonviable or necrotic bony flakes and spicules." Fourth, "Chronic osteomyelitis typically contains foci of isolated suppuration (acute inflammation) and presents a course of acute exacerbations admixed with periods of quiescence." "True chronic osteomyelitis encompasses a group of diseases usually categorized under the term chronic nonsuppurative differs substantially from NICO. (SE45; all emphases added but the last). It appears that in most instances Dr. Bouquot qualifies the differences between chronic osteomyelitis and NICO which he listed in this exhibit. Additionally, Dr. Bouquot concedes in this article that it is purposed as a "preliminary microscopic evaluation and characterization of a large number 224 of NICO lesions and to differentiate them from other forms of osteomyelitis." As Dr. Bouquot seems to recognize, 224 tissue samples is not a large enough sampling to provide conclusive evidence. He also wrote of his hope that "enough interest will be generated to lead to controlled prospective studies of the relationship between jawbone infections and facial neuralgias." Evidently there had been none by 1992. Dr. Bouquot, quite forthrightly, includes as a part of his conclusion to the article his statement: "The present analysis, of course, has several flaws that stem from its uncontrolled, retrospective nature.:" Also bearing mention is the fact that this article was published under the journal's heading "Controversies in Oral pathology," itself indicating a large measure of rejection of NICO by members of the profession. The journal invited commentary on the article, and received and published such in the form of a critique written by William C. Donlan, DMD, MA, at the University of the Pacific. He opined as to Dr. Bouquot's paper,"The content of this paper and its theories are nonscientific." Dr. Donlan concludes "This paper does not define a new pathologic lesion, explain the pain caused by said lesions, or lend any additional credence to this hypotheses." People around the world are outraged at the �Minnesota dentist' who paid tens of thousands of dollars for the privilege of callously killing a beloved, protected lion, says PETA President Ingrid Newkirk. PETA is calling on the Minnesota Board of Dentistry to spare their profession further discredit by showing this miserable trophy hunter the door. 2142074 Ismael Paiz v. Commonwealth of Virginia 08/25/2009 �FN 1. All statutory references are to the Code of Civil Procedure unless otherwise indicated. Attorneys Petersburg Texas 99833. Seek medical attention if you are injured. Your health should always come first and foremost. Try not to minimize any pain or suffering you're feeling. Be completely honest with your doctor and explain how the injury happened. Begin to collect evidence to help your case. Speak to witnesses, keep a journal, and take photos. 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Relates to workers' compensation; authorizes the medical commission to report suspected substandard or inappropriate medical or health care to appropriate licensing authorities; clarifies that members of the workers' compensation medical commission shall be considered public employees for purposes of the Wyoming Governmental Claims Act; provides for an election of federal tort immunity under the Health Care Quality Improvement Act of 1986; provides that confidentiality does not prohibit authorized reports to professional licensing authorities. CT Supreme Court Orders New Trial in Medical Malpractice Case: Doctors Experts Inflammatory Statements Denied Plaintiffs a Fair Trial
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hospitals, health care providers are considered independent contractors rather Certified Workers Compensaton Attorney victorious over New Jersey Manufacturers Insurance, gaining total disability award at Trial with no offer from the insurance carrier. The subject of fees and costs in California medical malpractice actions is comprehensively regulated by statute. 1 Generally, an attorney may charge a fee contingent on the success of the action and may calculate the fee as a percentage of the ultimate recovery, subject only to the general requirement that the fee not be "unconscionable" or "unreasonable." (See Cal. Rules Prof. Conduct, rule 4-200; ABA Model Rules Prof. Conduct, rule 1.5 (a) and (c); Cazares v. Saenz (1989) 208 Cal. App. 3d 279 , 287-288 256 Cal. Rptr. 209) Business and Professions Code section 6146, however, enacted as part of the Medical Injury Compensation Reform Act of 1975 (MICRA), limits the contingent fee an attorney may charge for representing a client in an action based on the professional negligence of a health care provider. fn. 5 It also specifies that the various statutory percentages are to be calculated after deducting the "disbursements or costs incurred in connection with prosecution or settlement of the claim." (� 6146, subd. (c)(1).) There is, thus, a necessary relationship between expenses properly characterized as costs and the amount of attorney fees the client may be legally charged. Damages in medical malpractice cases normally take the form of economic damages such as wage loss, the cost of medical care, and other out-of-pocket expenses, and non-economic damages for pain and suffering resulting from the injury. In rare cases, the level of misconduct may rise to the level that a victim of malpractice can recover punitive damages against the defendant. I. The complaining party's name, address, and telephone number; Preliminary hearings from initial appearances on Monday, Tuesday or Wednesday will be scheduled for the following Tuesday, and Wednesday if necessary. Prelims from initial appearances on Thursday will be scheduled for the following Wednesday. Prelims from initial appearances on Friday will be scheduled for the following Thursday.
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Maria Marsala made a trip to Dunkin Donuts in Highland Park to get a couple of cups of coffee. When she was leaving the shop with a tray of hot beverages she tripped over an exposed rebar spike that had come out of a curb stop. She fell, injuring her shoulder and back and also burning herself with the hot coffee she carried. FN14. It is interesting to note that the VA defends everything it did except the autopsy. Claimant Owen Facemire, Jr. testified that at the time of this incident the men were in the process of attaching a cable system between towers that were located on each side of the gorge. One cable was in place. The sheaves where the cable was riding had to be jacked apart to place the pins in. The sheaves were laying on the ground as they were being jacked apart. The cable that was holding the sheaves on the platform was draped out over.' The sheave was cabled to the platform, and the cable was not attached to anything. The men were attaching another cable to the trolley system when the platform fell into the excavation below. Mr. Facemire was standing on the platform and scaffold at the edge of the rim side. He stated that the work platform that he was working on �was going in the hole as he was getting off the end of it. The platform had been placed there the week of the accident. It was not attached to anything on the earth side, nor was it attached to anything on the concrete or gorge side. The mat consisted of two platforms on top of each other. He estimated the excavation below the mat as 26 or 27 feet deep. There were no handrails erected on this work platform nor were there any toe boards on