You need a lawyer who has taken the defense the distance – and then some – for leverage against the other side in your serious personal injury case. Unless the lawyers and carriers on the other side believe your lawyer has ‘the guts’, they have no incentive but to delay. Even after an appeal, I […]
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 […]
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 […]
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 […]
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 […]
I got nuthin’. Wait … I do. Dear Hospital Counsel – stop litigating this nonsense. “Taking a broader view of the relationship between RMF and Burke, we emphasize that those parties deliberately chose to use the term ’employee’ in their agreement,” the appeals court said. “They could have used the term ‘independent contractor,’ but they […]
SCOTUS is honoring some precedent. Their decision in Health and Hospital Corp. of Marion County et al. v. Talevski is inthe news today, The U.S. Supreme Court on Thursday refused to upend decades of precedent and allowed a nursing home resident’s family to sue an Indiana care home under the Federal Nursing Home Reform Act for […]
If you know a lawyer who took a case knowing that the law was against his or her client, based on a genuine belief that the law was wrong – give them a hug. It is a difficult place to be, investing time and money in the kind of uphill climb it takes to right […]
Here’s a link to the story on the Journal of Hospital Medicine Story: Study: I-PASS Handoff Program Helps Reduce Patient Harm And here’s a link to a video, links to published opinions, and a description of my experience litigating and trying handoff miscommunication and other incidents of medical malpractice. My Medical Malpractice Experience Page
