Medical Malpractice Archives - Page 2 of 23

Peer Review Privilege is Boken: we’re going to keep chipping away state by state

Bill Thompson Sep 21, 2023 Courts, Daily, Hospitals, Law, Medical Error, Medical Malpractice, Medical Records, Peer Review, Statutes Comments Off

#QualityFraud A Pennsylvania appellate court’s recent ruling makes clear that a hospital’s internal documents are generally considered fair game for discovery in medical malpractice suits and the onus is on health care providers to prove otherwise, experts said. Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1723936?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-09-21&read_main=1&nlsidx=0&nlaidx=0?copied=1

Med Mal Presuit Rules Can Be A Trap

Bill Thompson Sep 19, 2023 Access to Courts, Appeals, Daily, Hospitals, Insurance Companies, Medical Error, Medical Malpractice, Patient Safety, Statutes Comments Off

Many states, like Florida, have presuit rules for medical malpractice cases, passed at the urging of lobbies that represent insurance companies and hospital systems. These rules differ from state to state but generally make filing suit more difficult by setting up a series of procedures your lawyer has to follow. Unsurprisingly, almost every case involves […]

Discovery of Hospital Incident Reporting and Peer Review Privilege

Bill Thompson Sep 15, 2023 Appeals, Daily, Evidence, Hospitals, Medical Error, Medical Malpractice, Patient Safety, Peer Review Comments Off

I have had cases like the one below with both anonymous and signed reports removed from medical charts. In one case, a doctor met me in a restaurant across the street from the hospital and delivered to me his copy of a report that had been removed from the patient’s chart. I have also been […]

A Difficult Case

Bill Thompson Sep 14, 2023 Clients, Courtroom, Courts, Daily, Hospitals, Medical Error, Medical Malpractice, Quality Fraud, Sovereign Immunity, Statutes, Trials, Wrongful Death Comments Off

I have litigated similar issues regarding the duty a hospital owes to relatives of a patient, intentional infliction of emotional distress, wrongful death, and immunity. Here is a link to the reported appeals decision in my case. These are difficult cases, trying for all involved. Press attention can help but can also add to the […]

Fla. Jury Hits Doc With $20M Verdict Over Dilaudid Death

Bill Thompson Sep 8, 2023 Clients, Daily, Medical Error, Medical Malpractice, Personal Injury Trial Lawyer, Pharma, Wrongful Death Comments Off

A recent and large Palm Beach County med mal verdict brings to mind the case of Bethany Morris in our office – a little girl scheduled for office surgery to remove a port wine stain from her face. A “dental block” was applied as an anesthetic but the surgeon had no oxygen to help deal […]

Physicians Assistants Are Not Doctors

Bill Thompson Aug 25, 2023 Daily, Medical Error, Medical Malpractice, Patient Safety, Physicians Comments Off

You might assume that a physicians’ assistant is working under the close supervision of a physician. In my experience, you would be mistaken. The nurse practitioner will see you now. It’s not the phrase most people are accustomed to hearing, but it’s increasingly the case, with patients more likely than ever to see providers with […]

Fla. Supreme Court Allows Early Dismissal of Medical Malpractice Cases

Bill Thompson Jul 19, 2023 Appeals, Courts, Daily, Medical Error, Medical Malpractice, Statutes Comments Off

After forty years, Florida courts and the legislature still can’t decide exactly what the rules for medical malpractice should be. Your lawyer needs to appreciate all the potential pitfalls. “We acknowledged that ‘the Medical Malpractice Act changed the law such that an interlocutory remedy for parties facing claims that fail to satisfy its pre-suit requirements […]

The Endless Courthouse Drama When Hospitals Are Determined To Hide Their Policies And Procedures

Bill Thompson Jul 14, 2023 Appeals, Courts, Daily, Ethics, Hospitals, Insurance Companies, Law, Medical Error, Medical Malpractice, Patient Safety, Procedure Comments Off

I posted recently about frivolous defenses and appeals raised by defendants, often because their insurance carriers have the resources to waste time and the incentive to hold on to the money that will eventually be paid to satisfy the claim. When we hear about frivolous claims, it is usually from insurance interests complaining that non-meritorious […]

Surgeon’s Recorded OR Conversation About His Suboxone Prescription Is Admissible

Bill Thompson Jul 13, 2023 Daily, Hospitals, Investigation, Medical Error, Medical Malpractice, Pharma, Physicians, Surgery Comments Off

It isn’t easy to develop evidence that your surgeon was under the influence. I know. I’ve done it. In a 49-page opinion comparing the saga to both a traditional opera and a TV soap opera, Allegheny County Court of Common Pleas Judge Philip J. Ignelzi said that while rival doctors Jonathan D’Cunha and Lara Schaheen […]

Fla. Justices Say Malpractice Claim Met Expert Qualifications

Bill Thompson Jul 7, 2023 Access to Courts, Daily, Medical Error, Medical Malpractice, Statutes Comments Off

In the late 1980s, Florida’s legislature passed lots of special rules for medical malpractice cases – hoops to be jumped through before a case can be filed. These laws, on the books from the time I became a lawyer, spawned warehouses full of legal challenges, appeals, opinions, and related paperwork. Whether the laws accomplished anything […]

Category: Medical Malpractice