People hate their cable companies. A focus group could have told the defense that before trial. My bet is the defense rode their assumption that the company couldn’t be held responsible for the employee’s criminal conduct all the way to real trouble. It’s a good bet that they misread the jurors all the way through […]
Earlier this week, I posted about a Florida case deciding that an expert witness used by a Plaintiff was not qualified under Florida’s pre-suit rules for medical malpractice cases. In that case, the Court ruled that the Plaintiff did not satisfy the pre-suit screening rules because their expert was insufficiently qualified. My earlier post about […]
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 […]
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 […]
In any profession, including medicine, there are rules propounded by varying organizations. Some are local, some are national and some are international. They don’t carry the same weight everywhere. It is important for your lawyer to have access to credible and careful professionals to discern the difference between rules that don’t apply to any given […]
Turns out, politics isn’t the only place where misinformation is used to ply the soil that grows bad ideas. In the 1980’s, health care providers and insurance carriers deliberately and falsely yelled that the sky was falling due to negligence claims and payouts. Their solution? Caps on damages in the most righteous and significant cases. […]
The news is that two Florida public hospitals want in – at the last minute – on the State’s opioid lawsuit. They’re afraid they may get cut off from money available arising out of the opioid prescriptions filled out by their employees. Judge Denies Sarasota Hospital and Lee Health Motion Intervene in Opioid Settlement I’ve […]
In the late 1980s, the Florida legislature set up a regulatory scheme to immunize doctors and hospitals by locking Florida courthouse doors to the families of some children who suffer severe brain damage during birth. All government programs get an acronym and the acronym for this burden-shifting agency is NICA (The Florida Birth-Related Neurological Injury […]
During a hospital stay, there are many ways for things to go sideways. For a timely and successful discharge, every health care provider and every department has to be working as one – each fulfilling their part toward the end goal of stabilizing the patient and putting them on the road to recovery. The nursing […]
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 […]
