Since 1988 when I began practicing, special interests have been promoting and manipulating pre-suit screening rules in medical malpractice cases to make filing lawsuits against hospitals and doctors more and more difficult. The result is like a treacherous mountain range mauled by giant earth-moving machines, with trails and paths that constantly shift and change. Getting […]
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 […]
I originally posted about this argument before SCOTUS in March here: Physician Liability for #OUD (Arguments in Ruan v. US) The High Court ruled in favor of the pill mill prescribers, setting aside their 25 year prison sentences. “After a defendant produces evidence that he or she was authorized to dispense controlled substances, the government […]
“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 […]
Be respectful in wins and losses. You’ll have both if you are a trial lawyer. Spiking the ball and dancing the Griddy in the end zone to celebrate yourself may turn around and bite you. McKenna’s speech was recorded on video and posted to his firm’s social media page, but quickly removed. Nevertheless, it is now in […]
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 […]
