Not surprisingly, the largest verdicts in medical malpractice cases tend to happen in cases with overwhelming medical costs and needs. When trial lawyers tabulate the real cost of these needs, they often use the word “board”. As in, putting the expenses up on the board. Expert witnesses and life care planners are often involved in […]
In addition to the Florida legal hurdles I write about on this blog, there is specialized medical knowledge related to birth injuries that only some medical malpractice lawyers possess. One of the required skills that few possess is reading electronic fetal heart monitoring. There’s internal and external. The nurses need to know that you grasp […]
People hate their cable companies. A focus group could have told the defense that before trial. My bet is the defense rode their assumption that the company couldn’t be held responsible for the employee’s criminal conduct all the way to real trouble. It’s a good bet that they misread the jurors all the way through […]
Civil dockets have been upended for years, as trial courts prioritize their criminal caseload. This leaves civil plaintiffs cases languishing, delaying resolution and upending settlement leverage. Insurance carriers are happy to hold on to the money owed to injured plaintiffs while they struggle to navigate the court system and the pandemic. Choose your lawyer wisely. […]
Earlier this week, I posted about a Florida case deciding that an expert witness used by a Plaintiff was not qualified under Florida’s pre-suit rules for medical malpractice cases. In that case, the Court ruled that the Plaintiff did not satisfy the pre-suit screening rules because their expert was insufficiently qualified. My earlier post about […]
Since 1988 when I began practicing, special interests have been promoting and manipulating pre-suit screening rules in medical malpractice cases to make filing lawsuits against hospitals and doctors more and more difficult. The result is like a treacherous mountain range mauled by giant earth-moving machines, with trails and paths that constantly shift and change. Getting […]
Failure to diagnose breast cancer cases are always difficult and experts struggle to explain the shifting science in the area. The evidentiary standards that must be met are very high. But juries can still be impressed, even in states that highly regulate and limit jury verdicts that should be protected by the 7th Amendment guarantee […]
The J6 Committee’s hearings are making it pretty clear that Giuliani, Sydney Powell, Jenna Ellis, and Lin Wood don’t have much protection. But we knew that from the sanctions entered against them in the courts where they appeared for the ex-president. Now the attention turns to the suits filed by the election machine manufacturers against […]
This Keats quote made me think of something I posted a year ago. Lawyers’ war stories typically revolve around raucous and sometimes hilarious exaggerations (or not) of tumult and upset: epic fits and crying jags … confusion or hysterical screaming, crying, or babbling … horrifying threats and recriminations. All the better when those are punctuated […]
Hospitals are typically found responsible for employees like nurses, technicians, and physicians who are directly employed. However, in many jurisdictions, there are remedies that attach liability to the Hospital for other healthcare providers. Developing the factual evidence to pursue extraordinary remedies like this require a lawyer with experience. … a hospital may be held vicariously […]
