Here’s the story: Miami Bascom Palmer surgical table collapse is an ordinary negligence claim per judge, not subject to medical malpractice rules The test for whether a claim is “medical malpractice” boils down to the use of professional judgment. If the medical or nursing error involves the use or failure to use good professional judgment […]
Let’s turn to Twitter to see how the legal people are responding to the news. The Breyer Nomination Scramble On Twitter
Judges are people too. Sometimes they have trouble rising above that fact. Link to story on SCOTUS acrimony.
We Know the Real Cause of the Crisis in Our Hospitals. It’s Greed.
The Case for “Apology Laws” in Healthcare One of the biggest arguments against an apology law is that when negligence occurs healthcare professionals should be held accountable. However, this is not hindered by an apology law. All an apology law provides is the ability for a physician to apologize for an outcome, no matter the […]
Opinion: Raise Old Caps On Medical Malpractice “Tort Reform” swept across the country during the ’80s. Pushed by heavy lobbying and promises of lower premiums from the insurance industry, States made it more and more challenging to pursue remedies against health care providers and obtain total and fair compensation. Most of us in the business […]
Communication breakdown / Its always the same As the federal fraud trial against Theranos’ Elizabeth Holmes winds down, her lawyer argued a “fundamental disconnect” in the evidence. The charges revolve around Theranos’ blood testing devices. Holmes is charged with deliberately misleading investors from whom Theranos put together $700 Million in capital regarding the technology’s capability. […]
The report found that many firms believe the remote environment has damaged personal relationships at work and the sense of belonging amongst many lawyers. “This is playing out in the ease with which lawyers—from partners to associates—have moved firms during the pandemic, often with little inkling of their impending departure,” it stated. Report On 2022 […]
Finally, we outline possible clinical disorders associated with vaping on pulmonary health and the recent escalation of acute lung injuries, which led to the declaration of the vaping product use-associated lung injury (EVALI) outbreak. It is clear there is much about vaping that is not understood. Consequently, until more is known about the health effects […]
One of my favorite films about trial lawyering is The Verdict (1982), starring Paul Newman and directed by Sidney Lumet. David Mamet adapted the screenplay from a 1980 novel by Barry Reed. Newman plays Frank Galvin, a lawyer holding on tightly to a medical malpractice claim near the end of his career. He is strung […]
