Victims of Malpractice Don’t Lose Their Patient Rights.

I know – for a fact – that this happens waaay too often. Sometimes, the physicians and trial lawyers share an interest in patient safety that is contrary to the interests of the doctor’s insurance carrier. “Protecting patient and physician confidentiality must be a paramount concern of medical malpractice carriers. What Coverys has done in […]

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 […]

With 350 lawsuits filed, Florida hospital can’t ignore outcry over orthopedist

Hospitals are responsible for adequately supervising the privileges and credentials they grant physicians who practice in their facilities. The nurses complained, and so did a handful of doctors. The patients howled. Yet, for years, administrators at a Florida hospital ignored the repeated alarms, critics say. Now, 350 lawsuits have been filed and 100 more are […]

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 […]

Transplant Lists (are broken)

The system for getting donated kidneys, livers and hearts to desperately ill patients relies on out-of-date technology thathas crashed for hours at a time and has never been audited by federal officials for security weaknesses or other serious flaws, according to a confidential government review obtained by The Washington Post. If you ever wondered, yeah, […]

Signed, Sealed, Delivered (I’m Yours)

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 […]

Why Do We Allow States to Limit Some Constitutional Rights More Than Others?

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 […]

A SCOTUS Victory For Pill Mill Doctors

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 […]

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.

Hospital Liability for Independent Contractor: $111M Verdict

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 […]