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 […]
“They insist that you go through an advice nurse as opposed to just calling the doctor directly to set up an appointment, which was what I was trying to do,” Flach said. “You should have the option of calling your own doctor.” Kaiser doesn’t just get between you and your doctor. They also get between […]
The House vote gave some hope that this was the year that Florida would recognize the inequities in the Wrongful Death Act that discriminate against victims of medical malpractice. But the special interests appear to have won out yet again – at the expense of Florida families. Florida’s legislature passed the bill that immunized hospitals, […]
For decades, families of medical malpractice victims in Florida have suffered without a remedy under an unfair law that treats them differently from other grieving families. Florida’s wrongful death act exempts negligent health care providers from righteous claims that would exist if anyone else caused their parent’s death. The pain they experience is no different […]
Trial lawyers focus heavily, and rightly, on fetal mortality rates. Birth-related injuries, injuries inflicted prior to birth, perinatal injuries and deaths among infants (whether SIDS, crib or otherwise) should be intolerable. What we sometimes lose sight of is the other side of that blessed event – the Mother. And on that score, studies are confirming […]
My first year practicing law was the year Florida started limiting the rights of medical malpractice victims. “Tort reform” started in 1988 with Florida’s pre-suit screening rules, making it more difficult to hold hospitals and health care providers responsible for the catastrophic costs of malpractice. Not satisfied with these protections, Florida’s legislature later added changes […]
From The National Law Review’s conclusion: Ultimately, the family of the patient must make this tough decision. Many people have religious and moral views about autopsies and choose not to have them performed. Further, many people tell their family that they do not want an autopsy in the event of their death and family members […]
The United States care system is often failing to meet the needs of individuals, families and communities affected by traumatic brain injury, according to a report from the National Academies of Sciences, Engineering, and Medicine. The authors make many recommendations for advancing progress in TBI care, including changes to classification methods, improving research funding and […]
Here’s the story: Miami Bascom Palmer surgical table collapse is an ordinary negligence claim per judge, not subject to medical malpractice rules The test for whether a claim is “medical malpractice” boils down to the use of professional judgment. If the medical or nursing error involves the use or failure to use good professional judgment […]
Wisdon comes with winters. Oscar Wilde A recently filed West Virginia case presents a common issue in medical malpractice cases. The human and economic costs of injuries pile up when radiology films are not properly read. The purpose of radiology tests like MRI’s is to correlate clinical signs and symptoms to findings on films. Underlying […]
