Defense Raises New Argument After Trial To Escape $12M Verdict, Blaming a “Prejudicial” Animation

Evidentiary issues during the trial need to be preserved in order to be protected on appeal. In oral argument before a three-judge panel in Miami, Discount Rock & Sand’s attorney Andrea Cox told the appeals court that the district court judge erred in allowing jurors to view what she called a “horror show of an […]

Things That Make You Go “Hmmmm” …

These are rare cases but I’ve brought the claim of tortious interference with a dead body and had to address the same kind of argument. Celebrity Cruises Says Storing Body In Cooler Not Misconduct Celebrity Cruises urged a Florida federal judge on Friday to toss a suit by the family of a man who died […]

Gloryland

If you have friends in Gloryland Who left because of pain Thank God up there, they’ll die no more They’ll suffer not again Then weep not friends I’m going home Gloryland, Ralph Stanley, and The Clinch Mountain Boys Trial lawyers become experts in the circumstances just before and after the end of life. Some deaths […]

$8.5M Med Mal Verdict For Death After Routine Knee Surgery

A jury has awarded $8.5 million to the wife and estate of a patient who died after a routine knee-replacement surgery at a private surgical practice based in Glastonbury. In many cases, anesthesia is the culprit in such shocking outcomes but in this case it was the failure to detect and treat a fatal blood […]

Multiple Factors Are Causing An Increase In American Infant Mortality Rates

Between 2019 and 2020, the all-cause mortality rate for ages 1 to 19 years increased by 10.7%, and it increased by an additional 8.3% between 2020 and 2021 Here is the link to the study: JAMA: The New Crisis of Increasing All-Cause Mortality in US Children and Adolescents

Iatrogenic Injuries

Numerous errors and medicolegal aspects have been identified in diagnosing and treating cardiac tamponade associated with cardiac-related procedures such as valve replacement surgeries, cardiac pacemaker implantation, pericardiocentesis, and other non-cardiac related procedures such as peri-hiatal surgeries. Patients taking anticoagulants or anticancer medications are especially susceptible to developing cardiac tamponade when undergoing surgical procedures, raising the […]

The cutoff date to file a medical malpractice lawsuit is extended if a medical practitioner flees the state within the four-year lawsuit deadline, the Supreme Court of Ohio ruled recently.

Here is a case out of Ohio allowing a claim to proceed, even where the defendant makes himself difficult to find and serve with process. Ohio Supreme Court: Patients can pursue legal claim against doctor who fled country I had a similar and horrific case involving a small child killed in an office setting during […]

The Battle of Evermore: How the Insurance Lobby Rules Florida

The end of the year brings legislative sessions to a close, setting up final face-offs between special interests affected by pending legislation. Back in the Spring, I wrote in separate posts about a long hoped-for consumer win in Florida to change unfair wrongful death laws: Turns out, politics isn’t the only place where misinformation is […]

How Hospice Became A Racket.

There are many ways modern society degrades our right to a dignified death. This is one of them. Good trial lawyers compensate for such injuries. From the New Yorker. How Hospice Became a For-Profit Hustle The Black Belt, a swath of the Deep South that includes parts of Alabama, has some of the highest rates […]