Fla. Supreme Court Allows Early Dismissal of Medical Malpractice Cases

After forty years, Florida courts and the legislature still can’t decide exactly what the rules for medical malpractice should be. Your lawyer needs to appreciate all the potential pitfalls. “We acknowledged that ‘the Medical Malpractice Act changed the law such that an interlocutory remedy for parties facing claims that fail to satisfy its pre-suit requirements […]

The Endless Courthouse Drama When Hospitals Are Determined To Hide Their Policies And Procedures

I posted recently about frivolous defenses and appeals raised by defendants, often because their insurance carriers have the resources to waste time and the incentive to hold on to the money that will eventually be paid to satisfy the claim. When we hear about frivolous claims, it is usually from insurance interests complaining that non-meritorious […]

Surgeon’s Recorded OR Conversation About His Suboxone Prescription Is Admissible

It isn’t easy to develop evidence that your surgeon was under the influence. I know. I’ve done it. In a 49-page opinion comparing the saga to both a traditional opera and a TV soap opera, Allegheny County Court of Common Pleas Judge Philip J. Ignelzi said that while rival doctors Jonathan D’Cunha and Lara Schaheen […]

There’s No Course For Fist-Fighting In Law School

Lawyers aren’t supposed to fight each other physically. The system wasn’t designed that way. In fact, it is built as a replacement to combat. A California state judge declared a mistrial Monday in a contentious legal malpractice case over allegations Geragos & Geragos botched a medical malpractice suit, an outcome that a Geragos attorney attributed […]

Don’t Be So Easy On Yourself

Trying to sum up our risky business, my Dad used to quote President Nixon: “Failure isn’t falling down. Failure is not getting up after you’ve fallen down.” Jason Isbell put it another way in this song against self-pity. Don’t be so easy on yourself (don’t be so easy on yourself)Don’t be so easy on yourself […]