The attorney-client privilege protects private communications between a client and a lawyer. This sensible rule promotes a full and frank discussion so that the client can get the best advice without the interference of prying eyes and ears. It assumes the communications are strictly private – not in the presence of anyone other than the client and lawyer. It also assumes no disclosures to third parties that would waive the privilege – by the client or the lawyer. Here’s an example to illustrate the point: Let’s say that early in my career handling plaintiffs’ medical malpractice claims, a client drove his car through a hospital’s glass front. The fact of the accident is not attorney-client privileged. I could write about the fact that my client was found in his car, half in and half out of the hospital window, without violating my ethical duty to the client. However, my private discussions with my client (before and after) would be privileged, and I couldn’t share them on my blog.

Work-product privilege protects our thoughts, impressions, and strategies in the case—as long as they are not shared in public or with any unauthorized third party (authorized third parties, for instance, would be the many vendors used to help work the case, and the privilege binds them). Staying with our example, my thoughts and opinions about my client ending up in his car half in and half out of the hospital plate glass window would be privileged unless and until I made those thoughts or opinions public as part of my client’s case. Included is any discussion of how or why my client told me he was found in his car, half in and half out of the hospital.

Generally speaking (and hypotheticals aside), my job is to pursue civil remedies to obtain justice for my clients. The most effective way to do this is to take steps toward a jury trial. The right to a jury trial is the foundation of every settlement and verdict obtained. The Seventh Amendment to our Constitution is dishonored whenever the right to a jury trial is impaired or legislated out of existence.

The Seventh Amendment right to jury trial comes from the Magna Carta – the King’s deal to avoid violence with his subjects by guaranteeing certain rights, including the right to jury trial. Causing violence to property and persons is always counterproductive to pursuing a jury trial. But that assumes the existence of a meaningful right to a jury trial, as guaranteed by our natural rights under the Constitution.

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“We understand the burden that in-camera inspections put on busy trial judges,” the panel said. “Nevertheless, that burden may be necessary to protect privacy rights.”

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1814333?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2024-03-19&read_main=1&nlsidx=0&nlaidx=11?copied=1

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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 surgically removed tumor prior to conducting the requisite pathological review and left plaintiff without a clear diagnostic or care plan,” the complaint stated.

Read more at: https://www.law360.com/articles/1808991?e_id=e4cf434f-bdad-44b4-85d2-994f5bf03cea&utm_source=engagement-alerts&utm_medium=email&utm_campaign=similar_articles?copied=1

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… one juror had gone home, looked up the warnings on his EpiPen, and brought that information to deliberations. The trial court first granted, then on reconsideration denied, the motion, prompting the appeal.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1804861?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2024-02-22&read_main=1&nlsidx=0&nlaidx=7?copied=1

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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

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Health law plays a crucial role in the field of medicine, as it dictates appropriate practices, regulations, and rights and responsibilities for healthcare professionals and patients. Despite this undeniable relationship, there is a lack of focus on health law, and an outdated hidden curriculum in medical education has perpetuated long-standing negative perceptions of the legal system.

The link to the peer reviewed article is found just below:

Medical Law and Medical School Curricula: A Systematic Review

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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.

During a hearing, Sarasota County Circuit Court Judge Hunter W. Carroll denied Johns Hopkins’ bid after interviewing jury foreperson Paul Lengyel, identified as Juror #1, on whether he violated court instructions and had inappropriate communications with his wife during the trial.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1779849?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2024-01-04&read_main=1&nlsidx=0&nlaidx=2?copied=1

The post A follow-up on the Maya trial and verdict. appeared first on The Thompson Law Firm.

In this Pennsylvania case, things were a little more clear.

Central to the appeal is text of the MCARE Act that protects as privilege documents that arise “out of matters reviewed by the patient safety committee,” and while the hospital conceded that the safety committee did not review the documents, it argued the law does not require the documents actually be reviewed, but just that they be documents that would typically be reviewed by the committee.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1777854?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-12-19&read_main=1&nlsidx=0&nlaidx=5?copied=1

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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 more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1739675?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-11-13&read_main=1&nlsidx=0&nlaidx=0?copied=1

I have been following this case and blogged about it

here (“A Difficult Case”), 

here  (“I Was Afraid This Would Happen”), and    

here (Juror Questions).

Medical malpractice cases are difficult on their own. When you add novel issues regarding damages and liability, they can become overwhelming. In addition, this case was tried in a jurisdiction considered by most trial lawyer to be relatively conservative.

I tackled similar issues in a neighboring county. You can read the results of that successful appeal

here (Estate of Thomas versus Lee Memorial Health System).

I have nothing but complete admiration for Maya’s family and their legal team for this brilliant result and wish the best for them during the inevitable appeal.

The post A major victory for Maya’s family, their lawyers, and patients everywhere. I cannot overstate how impressive this work is under difficult circumstances. appeared first on The Thompson Law Firm.

As I noted a month or so ago, in this post, when Maya’s trial started – these cases are “trying for all involved”.

From the trial of Maya’s case …

Johanna Klink, who was Maya’s bedside nurse in the pediatric intensive care unit, testified that the 10-year-old girl repeatedly cursed at staff and would tell her “I want my effing sedation” during her stay at All Children’s in October 2016, with the nurse using a euphemism for the expletive.

At one point when the two of them were alone in Maya’s room, Klink says Maya told her, “I’m tired of all these lies. My life is a lie.” Klink noted the exact words in Maya’s chart, which was shown to jurors Thursday.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1734420?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-10-20&read_main=1&nlsidx=0&nlaidx=0?copied=1

I spend a lot of time with my clients preparing them for all aspects of litigation. This is time well spent because it reduces the stress my clients experience.

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