I Was Afraid This Would Happen

An overlooked aspect of personal injury claims is the stress associated with the litigation, including opening up discovery to the other side and awkward encounters with treaters who are somewhere on the spectrum between skeptical or suspicious and hostile. Especially in serious cases, where the victim constantly in the care of medical professionals. As I […]

My Successful Appeal of a Slander and Invasion of Privacy Claim

In the news: Ben Brody, a Jewish 22-year-old living in Los Angeles, has suffered harassment and permanent reputational damage ever since Musk amplified to his 158 million followers on X, formerly known as Twitter, false accusations tying Brody to the right-wing brawl, according to the complaint obtained by Law360 and lodged in Travis County District […]

Do Qualified Protective Orders Maintain the Privacy of PHI Related to the Claim?

I advise my clients that the pursuit of a medical malpractice claim involves waiving the privacy and confidentiality of the medical issues related to the claim. I think that is customary advice in the legal community. Trying to parse out what may remain confidential, whether you have a “qualified protective order” or not, is an […]

A Difficult Case

I have litigated similar issues regarding the duty a hospital owes to relatives of a patient, intentional infliction of emotional distress, wrongful death, and immunity. Here is a link to the reported appeals decision in my case. These are difficult cases, trying for all involved. Press attention can help but can also add to the […]

Pay No Attention to the Man Behind the Curtain

I’ve been around the block long enough to know that in personal injury cases – particularly serious ones – there are frequently issues “behind the curtain”. The other side will often conceal these issues but they can affect everything from trial scheduling to negotiations. Sometimes, the defense counsel will be upfront but more often your […]

Fla. Jury Hits Doc With $20M Verdict Over Dilaudid Death

A recent and large Palm Beach County med mal verdict brings to mind the case of Bethany Morris in our office – a little girl scheduled for office surgery to remove a port wine stain from her face. A “dental block” was applied as an anesthetic but the surgeon had no oxygen to help deal […]

Iowa Court Overturns $6M Nursing Home Negligence Verdict

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 […]