Don’t Get Sick

Staffing shortages are everywhere but largely not considered in individual cases when reviewing medical records. This is because the names of nurses and techs may appear throughout a medical record but without seeing the rest of the shift and treatment records of other patients, it is difficult to put the names into context. This is […]

Every State Has It’s Own Set of Odd, Old Laws

I worked with a critical care doctor at a teaching facility who told me this: “Listen, Thompson, Don’t forget this. They want candy stripers practicing medicine.” That was 1992. He meant that hospital systems were leaning on the nurses to expand their traditional roles to maximize profit. Meanwhile, lawyers are citing cases from a century […]

Peer Review (still) doesn’t work

I’ve been writing about how peer review privilege encourages medical error for years now. But it keeps coming up in the news. It’s almost like nobody in charge listens to trial lawyers. lol. The false premise that secrecy encourages patient safety measures at any level of hospital administration is a myth that should not be […]

Joint Tortfeasors

Your lawyer should have the experience to identify all of the potential contributing causes to an injury in order to bring a completely meritorious case against all tortfeasors. Frequently, having all the contributing tortfeasors at the table will result in agreement about shared responsibility – even among the Defendants. This may mean suing a pharmaceutical […]

New OTC Laxative Recalls

Here is a link to my experience with product liability litigation. wdeft Practice Area: Product Liability Product liability applies to over the counter medicines like Tylenol as well as prescribed pharmaceuticals. Here is a story on a recent OTC laxative recall. Vi-Jon issued a recall a few weeks ago for various laxative products, warning that […]

Experience is Required For Litigating Birth Injuries: Fetal Heart Monitoring

In addition to the Florida legal hurdles I write about on this blog, there is specialized medical knowledge related to birth injuries that only some medical malpractice lawyers possess. One of the required skills that few possess is reading electronic fetal heart monitoring. There’s internal and external. The nurses need to know that you grasp […]

The Lazarus Phenomenon

I look at the world through a gothic lens. I love the old and traditional mixed with the new and modern. “The Lazarus Phenomenon” describes the spontaneous return of electrical heart function and circulation after CPR (often abbreviated in a medical record as ROSC). It was first described in 1982 when I was in college. […]

Med Mal Lawyers With Different Pandemic Takeaways

“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 […]

The New England Journal of Medicine: We “Strongly Condemn” Dobbs (for reasons of health care)

By abolishing longstanding legal protections, the U.S. Supreme Court’s reversal of Roe v. Wade serves American families poorly, putting their health, safety, finances, and futures at risk. In view of these predictable consequences, the editors of the New England Journal of Medicine strongly condemn the U.S. Supreme Court’s decision.

Bad Attitude Shuffle (Doctor’s mood increases the chance of medical negligence)

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 […]