My favorite football coach is famous for his mantra: “The standard is the standard”. In court, however, proving negligence often depends upon establishing a “standard of care” that may be vague. In medical malpractice cases, expert witnesses often testify to a national minimum standard 0f care that applies in all communities. In this interesting Florida […]
Duty to warn cases are important but the proof can be tricky. At issue on appeal is a jury instruction stating that jurors were to find in favor of the hospital if they determined that Lane’s then-boyfriend, Ben Andrews, had abused Hollis. Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1688549?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-06-14&nlsidx=0&nlaidx=4?copied=1
SCOTUS is honoring some precedent. Their decision in Health and Hospital Corp. of Marion County et al. v. Talevski is inthe news today, The U.S. Supreme Court on Thursday refused to upend decades of precedent and allowed a nursing home resident’s family to sue an Indiana care home under the Federal Nursing Home Reform Act for […]
Proving causation in the face of complicated medical evidence is difficult but juries are often able to work through the issues fairly. A Florida man’s attorneys announced Thursday that a Broward County jury has awarded their client $7.8 million in what they said is one of the largest slip-and-fall verdicts in the state’s history after […]
Evidentiary issues during the trial need to be preserved in order to be protected on appeal. In oral argument before a three-judge panel in Miami, Discount Rock & Sand’s attorney Andrea Cox told the appeals court that the district court judge erred in allowing jurors to view what she called a “horror show of an […]
These are rare cases but I’ve brought the claim of tortious interference with a dead body and had to address the same kind of argument. Celebrity Cruises Says Storing Body In Cooler Not Misconduct Celebrity Cruises urged a Florida federal judge on Friday to toss a suit by the family of a man who died […]
Patients need to understand the risks and potential problems associated with telehealth visits to avoid additional injuries. Medical malpractice can become more of a danger than ever. UNDERSTANDING TELEHEALTH AND THE RISKS OF MEDICAL MALPRACTICE I had a case involving teleradiology services provided to an internal medicine practice from hundreds of miles away. The level […]
Physicians with a single paid claim are 4x as likely to have a future claim than physicians with zero paid claims. We find a similar pattern in both high-risk and lower-risk specialties. We also find no evidence that public disclosure of paid claims has any impact on these patterns — meaning there is no “blood […]
Preventable harm caused by health care providers to patients is the core mission addressed in a medical malpractice case. The need is greater now than ever. Due to the growing rate of medical errors and malpractice, scientists at Johns Hopkins in 2016 proposed it should rank as the third leading cause of death in the […]
Your mind will answer most questions if you learn to relax and wait for the answers. William Burroughs
