Handling A Punitive Damages Claim in the Setting of Medical Malpractice

An appellate court reversed a punitive damage claim brought against a Hospital only. Where culpable or wanton (criminal) recklessness is alleged, the line between professional employment and misconduct outside the scope of that employment is always at play. Trial lawyers juggle that difficult balance in the most serious cases. Fourth DCA Reverses Punitive Damages Against […]

Man Woke Up Midway Through His Spinal Surgery (he thinks)

Though the hospital denies that Dalo woke up during his surgery, the man’s case is emboldened by his wife’s discovery that soon after the procedure, the supervising anesthesiologist had his license suspended. What’s more, the anesthesiologist had apparently been found unconscious on the floor of a bathroom in the hospital with vomit on his scrubs […]

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 […]

“(Judge) Smith said he wouldn’t consent to delaying the trial for any reason “up to and including a zombie apocalypse”.

Federal District Court judges wield an awful lot of unappreciated power. I was joking with a colleague about the “tells” they use – a ‘menacing cough’ came up more than once. Early in my career, I hadn’t been able to read a room that well. One judge actually told me to “stop talking” because “you’re […]