“I have stood on a mountain of no’s for one yes.”
I have stood on a mountain of no’s for one yes. B. Smith
The cutoff date to file a medical malpractice lawsuit is extended if a medical practitioner flees the state within the four-year lawsuit deadline, the Supreme Court of Ohio ruled recently.
Here is a case out of Ohio allowing a claim to proceed, even where the defendant makes himself difficult to find and serve with process. Ohio Supreme Court: Patients can pursue legal claim against doctor who fled country I had a similar and horrific case involving a small child killed in an office setting during […]
The Battle of Evermore: How the Insurance Lobby Rules Florida
The end of the year brings legislative sessions to a close, setting up final face-offs between special interests affected by pending legislation. Back in the Spring, I wrote in separate posts about a long hoped-for consumer win in Florida to change unfair wrongful death laws: Turns out, politics isn’t the only place where misinformation is […]
The Industry Surveys Nursing Malpractice Claims
And the results are not surprising. Misdiagnosis, prescribing errors, and wrongful death make up most of the claims. When I worked in defense of hospitals, nurses were the hardest witnesses to prepare. They are left alone too long and forced to do things they wouldn’t normally if they’d been under the direct supervision of a […]
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 […]
Victims of Malpractice Don’t Lose Their Patient Rights.
I know – for a fact – that this happens waaay too often. Sometimes, the physicians and trial lawyers share an interest in patient safety that is contrary to the interests of the doctor’s insurance carrier. “Protecting patient and physician confidentiality must be a paramount concern of medical malpractice carriers. What Coverys has done in […]
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 […]
It’s Official: Pandemics Wreck Trial Dates
Civil dockets have been upended for years, as trial courts prioritize their criminal caseload. This leaves civil plaintiffs cases languishing, delaying resolution and upending settlement leverage. Insurance carriers are happy to hold on to the money owed to injured plaintiffs while they struggle to navigate the court system and the pandemic. Choose your lawyer wisely. […]
Disinformation: How To Manufacture A “Crisis” & Tort Reform To Solve It
Turns out, politics isn’t the only place where misinformation is used to ply the soil that grows bad ideas. In the 1980’s, health care providers and insurance carriers deliberately and falsely yelled that the sky was falling due to negligence claims and payouts. Their solution? Caps on damages in the most righteous and significant cases. […]
What To Expect When You Come Between The Fortune 500 and Their Bottom Line
Marketing can cover a lot of warts. Meanwhile, in the real world, people behave in line with our experience and the incentives put in front of them, even where it conflicts with what we know to be right and wrong. From the NYT, Mr. Williams said a State Farm claims adjuster told him that she […]