A New England Argument for Apologies (Do We Really Need a Law?)

The Case for “Apology Laws” in Healthcare One of the biggest arguments against an apology law is that when negligence occurs healthcare professionals should be held accountable. However, this is not hindered by an apology law. All an apology law provides is the ability for a physician to apologize for an outcome, no matter the […]

Verdicts

One of my favorite films about trial lawyering is The Verdict (1982), starring Paul Newman and directed by Sidney Lumet.  David Mamet adapted the screenplay from a 1980 novel by Barry Reed. Newman plays Frank Galvin, a lawyer holding on tightly to a medical malpractice claim near the end of his career. He is strung […]

Dare To Be Naive

Buckminster Fuller said it and as you may suspect he didn’t tolerate ‘know-it-alls’. With thirty books to his credit, he maintained an insatiable intellectual curiosity throughout his life. When I start investigating a case, all I have to go on is my client’s story and the written record. In my experience, the client’s story is […]

So Now We Have Book Burners (Again)

Book burning is all the rage again on the right. We’ve been here many times before. I try to keep my position consistent: censorship in the name of political or moral correctness (however you individually perceive it) is a mistake. As he stood before the small group of (almost entirely male) students at his alma […]

Remedies

Trial lawyers are in the business of solving complex, intractable problems. Our job is to explore ways to fashion a remedy that meaningfully addresses severe harm or injury. A remedy sets things right: puts things back together as best we can where things break. In medical parlance, a remedy is a balm or salve that […]