Most medical malpractice cases
proceed under the theory that a medical professional was negligent in treating the patient.
While several legal theories allow for recovery of compensation in the absence of a written agreement, it's far more difficult, and costly, to
proceed under these theories.
Not exact matches
The judge also agreed Moskow and Galatis could sue Petland on a
theory of unjust enrichment, and Moskow could
proceed with a claim against Petland
under the Maine Unfair Trade Practices.
But Plaintiff's accident lawyer
proceeded with the claim
under the
theory that State Farm should have made the offer sooner, but was dragging their feet.
The court explained that the state where the accident arose does not use a strict liability
theory for product liability cases, so a plaintiff must
proceed under an implied warranty or negligence
theory.
The trial court ultimately awarded attorney $ 22,670.24 in fees
under a quantum meruit
theory, based on 150 hours of work at $ 200 per hour minus offsets from the record royalty
proceeds that attorney had received.