It isn’t often that Florida appellate courts elevate the privacy rights of plaintiffs over the discovery needs of hospitals and doctors in a medical malpractice case. So this will be a great help. “We understand the burden that in-camera inspections put on busy trial judges,” the panel said. “Nevertheless, that burden may be necessary to […]
I have handled cases where records and reports went missing after the fact, but I can’t remember a case where the hospital lost tissue before it could be tested or reviewed. According to the lawsuit, Morton-Maxson had a family history of bladder cancer and doctors noted the growth was “likely cancer.” But UW “lost the […]
I was trying a Georgia med-mal case involving an infant with injuries caused by hydrocephaly when a juror brought a medical textbook into the jury room on the first day of trial. The Court discharged that juror the day it happened. This Tennessee case is like that except nobody noticed until it was too late. […]
You don’t often hear about the frivolous and stubborn defenses that anger juries. David Dickey, who represents Hannah Waite’s parents, told Law360 on Friday that he proposed settlements of $250,000 to each doctor, but the defense refused and made no offers of their own. Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1803831?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2024-02-20&read_main=1&nlsidx=0&nlaidx=0?copied=1
I could – and do – tell a lot of stories about this. Over thirty years of working for and against large health care and insurance institutions – and expert witnesses responsible for the education of young doctors in training – makes me appreciate (immensely) professional efforts like this. Health law plays a crucial role […]
A follow-up on the Maya trial and verdict. A Florida state court judge denied Johns Hopkins All Children’s Hospital’s bid for a new trial in the case of Maya Kowalski, the person at the center of the Netflix documentary “Take Care of Maya,” after finding no misconduct from the jury foreperson following an interview Wednesday. […]
Hospitals try to conceal every report of adverse incidents, even when they know better. I litigated this issue here in Florida successfully. Here is the link to that story: Charles v. Baptist – A Landmark Decision. In this Pennsylvania case, things were a little more clear. Central to the appeal is text of the MCARE Act […]
A Florida jury tacked on $50 million in punitive damages to a roughly $211 million award to the family of Maya Kowalski, the child at the center of the Netflix documentary “Take Care of Maya,” against Johns Hopkins All Children’s Hospital for mistreating Maya to the point that her mother took her own life. Read […]
An overlooked aspect of personal injury claims is the stress associated with the litigation, including opening up discovery to the other side and awkward encounters with treaters who are somewhere on the spectrum between skeptical or suspicious and hostile. Especially in serious cases, where the victim constantly in the care of medical professionals. As I […]
I successfully litigated a product liability case involving a Depuy knee implant and the surgeon who placed it. This recent verdict involves a different type of defect and a slightly different model. But the lesson remains true as always: medical malpractice cases are difficult, especially when mixed with product liability issues. Choose your lawyer carefully. […]
