Victims of Malpractice Don’t Lose Their Patient Rights.

I know – for a fact – that this happens waaay too often. Sometimes, the physicians and trial lawyers share an interest in patient safety that is contrary to the interests of the doctor’s insurance carrier. “Protecting patient and physician confidentiality must be a paramount concern of medical malpractice carriers. What Coverys has done in […]

Joint Tortfeasors

Your lawyer should have the experience to identify all of the potential contributing causes to an injury in order to bring a completely meritorious case against all tortfeasors. Frequently, having all the contributing tortfeasors at the table will result in agreement about shared responsibility – even among the Defendants. This may mean suing a pharmaceutical […]

Large Verdicts: The Most Vulnerable Victims Are Most Affected By Caps and Delays

Not surprisingly, the largest verdicts in medical malpractice cases tend to happen in cases with overwhelming medical costs and needs. When trial lawyers tabulate the real cost of these needs, they often use the word “board”. As in, putting the expenses up on the board. Expert witnesses and life care planners are often involved in […]

Experience is Required For Litigating Birth Injuries: Fetal Heart Monitoring

In addition to the Florida legal hurdles I write about on this blog, there is specialized medical knowledge related to birth injuries that only some medical malpractice lawyers possess. One of the required skills that few possess is reading electronic fetal heart monitoring. There’s internal and external. The nurses need to know that you grasp […]

Jury orders Charter to pay $7 billion in technician’s murder of Texas customer

People hate their cable companies. A focus group could have told the defense that before trial. My bet is the defense rode their assumption that the company couldn’t be held responsible for the employee’s criminal conduct all the way to real trouble. It’s a good bet that they misread the jurors all the way through […]

It’s Official: Pandemics Wreck Trial Dates

Civil dockets have been upended for years, as trial courts prioritize their criminal caseload. This leaves civil plaintiffs cases languishing, delaying resolution and upending settlement leverage. Insurance carriers are happy to hold on to the money owed to injured plaintiffs while they struggle to navigate the court system and the pandemic. Choose your lawyer wisely. […]

Signed, Sealed, Delivered (I’m Yours)

Earlier this week, I posted about a Florida case deciding that an expert witness used by a Plaintiff was not qualified under Florida’s pre-suit rules for medical malpractice cases. In that case, the Court ruled that the Plaintiff did not satisfy the pre-suit screening rules because their expert was insufficiently qualified. My earlier post about […]

The Mountain

Since 1988 when I began practicing, special interests have been promoting and manipulating pre-suit screening rules in medical malpractice cases to make filing lawsuits against hospitals and doctors more and more difficult. The result is like a treacherous mountain range mauled by giant earth-moving machines, with trails and paths that constantly shift and change. Getting […]

Why Do We Allow States to Limit Some Constitutional Rights More Than Others?

Failure to diagnose breast cancer cases are always difficult and experts struggle to explain the shifting science in the area. The evidentiary standards that must be met are very high. But juries can still be impressed, even in states that highly regulate and limit jury verdicts that should be protected by the 7th Amendment guarantee […]