In the late 1980s, Florida’s legislature passed lots of special rules for medical malpractice cases – hoops to be jumped through before a case can be filed. These laws, on the books from the time I became a lawyer, spawned warehouses full of legal challenges, appeals, opinions, and related paperwork. Whether the laws accomplished anything […]
I’m curious because the news report doesn’t mention it – wasn’t there a repeat biopsy once they realized the first specimen was lost? “Defendant UW lost the surgically removed tumor prior to conducting the requisite pathological review and left plaintiff without a clear diagnostic or care plan,” according to the complaint seeking medical negligence damages. […]
A lawyer is more than a mouthpiece. When it feels that nobody will ever hear you – that your grief and pain are shouted in an empty room, falling upon silent and unmoving walls – a good lawyer will break through and force your message to be heard. H/T Eric Amble for the title.
The great gift of human beings is that we have the power of empathy. Meryl Streep
The Florida Supreme Court ruled Thursday that insurance liability lawsuits must be filed within two years of a would-be defendant’s death, upholding a decision dismissing a suit against Lewis Bear Co. and the estate of a now-deceased employee who injured two women with a company truck. In a 5-1 decision, the state high court said […]
In the United States, agencies (state, federal, local, municipal). reserve immunity for themselves but consent to being held accountable by way of statute. Tackling any government’s agency right to sovereign immunity is, like any effort to enforce accountability, a righteous cause. Always. The Georgia Department of Transportation cannot fully escape a lawsuit alleging that it […]
You should never, never doubt what nobody is sure about. Willy Wonka, paraphrasing a line from Helaire Beloc’s “The Microbe” (1897)
Reward lawyers who do it the right way. Ignore the scammers. “The training manual literally teaches employees how to commit barratry by gaining the trust of vulnerable potential clients to sell them legal services,” the complaint said. Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1692386?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-06-27&nlsidx=0&nlaidx=9?copied=1
On appeal, Timely Mission argues that a new trial is warranted because the jury heard improper testimony from nursing home staff members that a certified nursing assistant, Melanie Blakesley, had physically and verbally abused residents other than Weaver. Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1691891?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-06-23&nlsidx=0&nlaidx=6?copied=1 From the website page summarizing my experience in nursing home injuries The health […]
My clients see it all the time. They look at defenses raised in writing by the other side and say things like, “What does that mean?” My typical response to my clients (without waiving any attorney-client privilege) is usually, “Nothing. Absolutely nothing.” “Barebone affirmative defenses have always been deficient,” he told the court. To show […]
