I have written a lot on this blog about “quality fraud” and how the opaque nature of medical expenses and insurance drives up the cost of care. In the US, we overpay for care based upon the quality of services delivered. Some of the increased cost comes in the form of medical error kept confidential […]
“America’s a family. We all yell at each other, and it all works out.” Louis CK This quote reminded me of both our upcoming holiday and the lines in The Streets of Bakersfield. Hey, you don’t know me, but you don’t like me You say you care less how I feel But how many of […]
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 […]
According to health care professionals, academics, and Forbes. The American Medical Association wrote in a statement Friday it is “deeply disturbed” by the decision, which it called an “egregious allowance of government intrusion into the medical examination room,” while the California Medical Association said it “undermines decades of progress in health care for pregnant people,” adding it is a […]
Rehabilitation is relevant in personal injury litigation in two important ways. First, there are present rehab needs that must be recognized and fulfilled by treating care providers. This requires detailed attention to the physical problem at issue and the patient’s ability to work through those problems. Time and attention are the keys to the treatment […]
Many of the physicians I come into contact with from the other end of medical malpractice litigation are miserable, haughty, overly defensive, and rude. While a certain amount of that can be attributed to defending oneself in negligence litigation, two points need making: 1) it doesn’t help the doctor, it helps my case; 2) if […]
Discovery in a civil case is not limited to trial evidence. In fact, the rules in most jurisdiction allow discovery of anything that is reasonably calculated to lead to the discovery of admissible evidence. In most medical malpractice cases, this means a list of all prior professional negligence claims (no matter the outcome). These prior […]
In any profession, including medicine, there are rules propounded by varying organizations. Some are local, some are national and some are international. They don’t carry the same weight everywhere. It is important for your lawyer to have access to credible and careful professionals to discern the difference between rules that don’t apply to any given […]
Last week, a story on electronic health records ended up in this blog – reminding me of a 2018 post I made here concerning the increasingly deleterious effect on the accuracy of medical records caused by technology and user laziness or deception that it can promote. The 2018 post about changes in medical record-keeping can […]
“While our intent was not to fuel the epidemic, we failed to recognize the broader context of what was going on in society around us,” said Bob Sternfels, who assumed his role as global managing partner leading the 38,000-employee firm in July 2021. “That’s why we have new protocols and policies in place to prevent […]
