Federal Preeemption: The Cost-Effective Way For Special Interests To Lock You Out of Court

The 11th Circuit (Atlanta) just created conflict with other jurisdictions in ruling that federal law “preempts” or blows up negligence claims against brokers. Preemption is the legal rationale that courts use to block victims of torts from suing rental car companies and other large corporate interests that successfully lobby Congress for special protection. In Aspen Amer., […]

Quality Fraud and Patient Safety

Doctors who prescribe to people they’ve never met and care they never give. These claims go back to a Civil War era law designed to prevent the Government from being overcharged for military supplies. Now, the DOJ brings in billions of dollars every year for healthcare fraud. Here’s the link Physicians facing prison, fines, for […]

Quality Fraud: The Insurance Industry Gets It All Wrong

After lobbying legislatures for “tort reform” for decades, the number of medical malpractice claims – especially what they used to call “frivolous” claims – has gone down. Has that lowered rates for physicians? Of course not. But instead of accepting responsibility, the insurance industry now blames “nuclear claims” and other imaginary foes to explain their […]

South Florida Nursing School Sold Thousands of Fake Diplomas

This takes unlicensed practice to another, putting it on steroids. Unanswered in this story is how many patients were harmed by these unscrupulous academics and the fraudsters they set loose. Two nursing school operators in the Fort Lauderdale area have fessed up to peddling fake diplomas to thousands of students who could then avoid completing […]

When Your Lawyer Walks Into The Courthouse and You’re Going To Jail

Sure, its superficial but there’s a reason things become a meme. In every endeavor, the most effective participants are often the best prepared. That preparation often includes taking care to protect a routine of putting your best professional foot forward – regardless of the situation. Make it real – every time – and expect nothing […]

Georgetown Study: Medical Malpractice Is Not Random

Physicians with a single paid claim are 4x as likely to have a future claim than physicians with zero paid claims.  We find a similar pattern in both high-risk and lower-risk specialties.  We also find no evidence that public disclosure of paid claims has any impact on these patterns — meaning there is no “blood […]

Handling A Punitive Damages Claim in the Setting of Medical Malpractice

An appellate court reversed a punitive damage claim brought against a Hospital only. Where culpable or wanton (criminal) recklessness is alleged, the line between professional employment and misconduct outside the scope of that employment is always at play. Trial lawyers juggle that difficult balance in the most serious cases. Fourth DCA Reverses Punitive Damages Against […]

“(Judge) Smith said he wouldn’t consent to delaying the trial for any reason “up to and including a zombie apocalypse”.

Federal District Court judges wield an awful lot of unappreciated power. I was joking with a colleague about the “tells” they use – a ‘menacing cough’ came up more than once. Early in my career, I hadn’t been able to read a room that well. One judge actually told me to “stop talking” because “you’re […]

When Public Clinics Make Medical Mistakes …

The challenge of litigating your claim against a Federally managed clinic is real. Immunities can apply to doctors and other individual healthcare providers – or they may not. Investigating the differences could be ‘make or break’ for your case. Choose your lawyer carefully. Here’s the story from the Kaiser news outlet. When Malpractice Occurs at […]

Normally, I’d Say Don’t ask the Chamber of Commerce or Forbes About Your Consumer Rights

But based on the states I’m familiar with, these numbers appear okay. What’s missing is the “knew or should have known” analysis – but perhaps they don’t want to acknowledge the extensions provided by those laws. Forbes Advisor List of Med Mal SOL’s