The Relationship Between Economic and Non-Economic Damages

A Texas medical malpractice case involving a man’s needless paralysis provides a useful example of the relationship between economic and non-economic damages. Attorneys argued the hospital violated numerous internal policies by needlessly delaying a critically needed MRI scan and emergency surgery. The jury found that the hospital was negligent and that the negligence caused the […]

More Opioid Settlements

From New Hampshire’s DOJ: In 2018, the state filed a complaint against J&J, alleging the company misrepresented their opioids as safer than other alternatives in their aggressive marketing campaign to prescribers and patients in New Hampshire. The state further alleged that J&J misrepresented their opioids as rarely addictive, negligently promoted the concept of pseudoaddiction, and […]

Large Verdicts: The Most Vulnerable Victims Are Most Affected By Caps and Delays

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 […]

One Doctor’s $355M #QualityFraud: Lap Band Surgeries

Prosecutors say Omidi incentivized employees to make sure patients received sleep studies and then falsified the results to show that patients had obstructive sleep apnea. Here is the story in the LA Times on what started with a billboard campaign across Los Angeles. Former doctor, company behind 1-800-GET-THIN found guilty of fraud

A Health Care Cost Price Comparison Tool From CMS

I have written a lot on this blog about “quality fraud” and how the opaque nature of medical expenses and insurance drives up the cost of care. In the US, we overpay for care based upon the quality of services delivered. Some of the increased cost comes in the form of medical error kept confidential […]

Why is rehab important?

Rehabilitation is relevant in personal injury litigation in two important ways. First, there are present rehab needs that must be recognized and fulfilled by treating care providers. This requires detailed attention to the physical problem at issue and the patient’s ability to work through those problems. Time and attention are the keys to the treatment […]

On Top Of Locking Many Brain Damaged Children Out Of Court, Florida Begins Gaslighting Them

In the late 1980s, the Florida legislature set up a regulatory scheme to immunize doctors and hospitals by locking Florida courthouse doors to the families of some children who suffer severe brain damage during birth. All government programs get an acronym and the acronym for this burden-shifting agency is NICA (The Florida Birth-Related Neurological Injury […]

Normal Like You (More Opioid Fallout: Pharmacies Are Next On The List)

“Today, medical science recognizes That some folks aren’t helped by relaxing exercises. In cases of difficult tension, And nervous apprehension, Doctors are now prescribing medicine. It makes those who fear they’re about to quit Feel like they’re ready to begin. Bidding their darkened spirits goodbye For the calming peace of a cloudless sky.” Everclear, Ataraxia […]