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 […]
Prosecutors say Omidi incentivized employees to make sure patients received sleep studies and then falsified the results to show that patients had obstructive sleep apnea. Here is the story in the LA Times on what started with a billboard campaign across Los Angeles. Former doctor, company behind 1-800-GET-THIN found guilty of fraud
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 […]
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 […]
“Even though things were bad,” said Calora, “it doesn’t give people license to practice beneath the standard of care.” A Washington lawyer observes that the pandemic created a free for all in health care where providers were operating willy-nilly in the face of a poorly understood disease. In my own experience, it was the pandemic […]
Hospitals are typically found responsible for employees like nurses, technicians, and physicians who are directly employed. However, in many jurisdictions, there are remedies that attach liability to the Hospital for other healthcare providers. Developing the factual evidence to pursue extraordinary remedies like this require a lawyer with experience. … a hospital may be held vicariously […]
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 […]
As reported here, medical error is the leading cause of death in the United States according to a 2016 Study by Johns Hopkins University. But only 1% of physicians account for more than one third of all malpractice claims that are paid out, a 2019 study published in the New England Journal of Medicine found. The link to […]
Here is the link to today’s story. FAU team receives $1 million grant to identify effective fall prevention strategies for older adults Nursing homes and assisted living facilities are governed by special rules. These rules are separate from the normal statutes and rules applied to doctors and hospitals in medical malpractice cases. You can learn […]
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 […]
