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 […]

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 […]

Prospective Clients Should Ask (But Generally Don’t) What Experience Their Trial Lawyers Have Proving Punitive Damages

Like most things, you need to know about his or her experience with punitives BEFORE you are in a position to ask for them. Now that compensatory damages have been awarded, the Alex Jones damage trial in Texas moves to its punitive phase. Here’s the link. Jury finds Alex Jones caused $4 million in damages […]

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 […]

To My Referral Partners: Thank You and a Link to Our Automobile Negligence Page

I have personally investigated everything from car explosions and fires to rollover accidents caused by tire blowout. I have been on the scene for traumatic motorcycle and pedestrian death investigations. I have been present for automobile reconstructions that last for days in the sweltering heat of salvage yards. Here is a link to my firm […]

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 […]