The Line Between Relevance and Privacy for Plaintiffs Can Be Thin (but still exists in some places)

An Illinois court ruled that a defendant doctor’s legal team could not have access to the plaintiff’s mental health records because they were not relevant to the claims. “From the limited record, Dr. Rao practices at a clinic that specialized in lung issues. Plaintiff was there presumably seeking treatment for lung issues. Nowhere in the […]

Temporary Like Achilles

Yield not to misfortunes, but advance all the more boldly against them. Virgil Like all else, misfortunes are temporary but not fleeting. They are often not necessary or destined. Many are preventable. Those that could have been prevented are often caused by negligence. Rather than submit passively to them like a victim, fight them boldly. […]

Iatrogenic Injuries

Numerous errors and medicolegal aspects have been identified in diagnosing and treating cardiac tamponade associated with cardiac-related procedures such as valve replacement surgeries, cardiac pacemaker implantation, pericardiocentesis, and other non-cardiac related procedures such as peri-hiatal surgeries. Patients taking anticoagulants or anticancer medications are especially susceptible to developing cardiac tamponade when undergoing surgical procedures, raising the […]

The Relationship Between Economic and Non-Economic Damages

A Texas medical malpractice case involving a man’s needless paralysis provides a useful example of the relationship between economic and non-economic damages. Attorneys argued the hospital violated numerous internal policies by needlessly delaying a critically needed MRI scan and emergency surgery. The jury found that the hospital was negligent and that the negligence caused the […]

I’ve written here about the pandemic delays in the court system that delay justice. Well, things are starting to change according to Kaiser.

I’ve written here about the pandemic delays caused in the court system that delay justice. Well, things are starting to change according to Kaiser. Like so many medical malpractice lawsuits filed before the Covid-19 pandemic, the case filed by Rojas’ mother, who moved to Dallas to care for her son, was held up as court […]

The Case For Tort Reform Gets Harder And Harder To Make (But That Won’t Stop Some)

It is absurd to criticize a fee structure that puts a lawyer in complete concert with his client’s interests and allows clients without resources or influence to pursue remedies against the most powerful institutions in their community for real harm done to them. Back in the day, the argument was that verdicts were too numerous […]