Brien Roche Law

09/22/2023

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09/22/2023

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03/27/2023

Inland marine insurance coverage is a confusing term. It is a form of coverage that supplements marine coverage. Marine coverage applies to oceangoing vessels. Inland marine coverage applies to transportation on land. It is a form of property insurance. It covers materials and equipment while in transit or in a warehouse. Types of Businesses That Might Want This Coverage This coverage applies to several types of business....

10/06/2022

The voluntary payment doctrine states that where one party pays an illegal demand with full knowledge of all the facts, then it may not recover that payment. The exceptions to that are three in number. The first one is where there is an immediate and urgent necessity for the payment. The second exception is where the payment is made to release the person or property from detention....

The voluntary payment doctrine states that where one party pays an illegal demand with full knowledge of all the facts, then it may not recover that payment.  The exceptions to that are three …

09/26/2022

Plastic surgery, also known as cosmetic surgery, is a very lucrative business. These types of medical malpractice cases may be difficult claims. Many people are biased against others who elect to undergo cosmetic surgery. Especially surgery which does not have some medical necessity. Plastic Surgery Malpractice Cases In evaluating a plastic surgery case from a malpractice point of view there are several things to look at:...

Plastic surgery, also known as cosmetic surgery, is a very lucrative business.  These types of medical malpractice cases may be difficult claims. Many people are biased against others who elec…

09/08/2022

More and more hospitals are opting for the robotic surgeon. The robots are expected to cut down on the error rate and occurrences of medical malpractice. The robots are used widely in minimally invasive surgeries. In addition they can be used in the large incision open surgeries. With a robot the surgeon sits at a remote location. He directs the hands of the robot....

More and more hospitals are opting for the robotic surgeon.  The robots are expected to cut down on the error rate and occurrences of medical malpractice.  The robots are used widely in m…

04/23/2022

In any liability case you basically have to prove two things. The first of those two things is liability. Liability means fault or some substandard behavior. More often it is simply referred to as negligence. The second thing that needs to be proved is causation. That is, you have to prove what did that fault, negligence or substandard behavior cause. …...

In any liability case you basically have to prove two things.  The first of those two things is liability.  Liability means fault or some substandard behavior.  More often it is simp…

02/23/2022

Even when you know you've been harmed, it's sometimes difficult to identify the correct corporate defendant. Read the steps we take to work through this challenge now.

Sometimes identifying the correct defendant is a difficult task.  That defendant may be a corporation.  It may be an LLC.  It may be a partnership  or a sole proprietorship that…

02/15/2022

The misdiagnosis of Lyme Disease is common and unfortunate. The failure to treat it can lead to lifelong symptoms. If you think you were misdiagnosed, you might have a case of medical malpractice. Contact us for a free consultation.

Medical Malpractice-Lyme Disease Lyme disease can be crippling. Lyme disease is typically contracted from deer ticks.  The tick bite produces a painless red circle surrounding the bite.  …

02/11/2022

Pleadings are formal documents filed with the court that state a party's basic position. But pleadings are not always admissible in court. Click to learn why that is now.

On occasion there arises an issue of the admissibility of pleadings.  Virginia Code § 8.01-381 says that no pleading is to be carried from the courtroom by the jury.  That means that a co…

01/03/2022

Brien Roche Sureties and Guarantees: Primary and Secondary A guarantor contracts to pay if, by the use of due diligence, the debt cannot be paid by the principal debtor. The surety undertakes directly for the payment. The surety is responsible at once if the principal debtor defaults. In other words, a guaranty is an undertaking that the debtor shall pay. A suretyship contracts that the debt shall be paid....

Brien Roche Sureties and Guarantees:  Primary and Secondary A guarantor contracts to pay if, by the use of due diligence, the debt cannot be paid by the principal debtor.  The surety unde…

10/02/2021

Reasonableness of Medical Bills

In a Virginia personal injury action, there may arise issues of the reasonableness of medical bills.  Sometimes what the defense will do is to challenge reasonableness on the grounds that the …