Florida’s Senate Turns Its Back on Florida Families (Again)

The House vote gave some hope that this was the year that Florida would recognize the inequities in the Wrongful Death Act that discriminate against victims of medical malpractice. But the special interests appear to have won out yet again – at the expense of Florida families. Florida’s legislature passed the bill that immunized hospitals, […]

Physician Liability for #OUD (Arguments in Ruan v. US)

Convicted doctors argued their appeal in the United States Supreme Court the other day. At issue are jury instructions given in their case and the standard imposed by the trial court. For nearly 90 minutes on Tuesday, the court grappled with the question of whether good faith is a defense for doctors criminally prosecuted for […]

US Childbirth Safety Statistics Could (and should) Be Better

Trial lawyers focus heavily, and rightly, on fetal mortality rates. Birth-related injuries, injuries inflicted prior to birth, perinatal injuries and deaths among infants (whether SIDS, crib or otherwise) should be intolerable. What we sometimes lose sight of is the other side of that blessed event – the Mother. And on that score, studies are confirming […]

Not everything bad that happens in a hospital is medical malpractice …

Here’s the story: Miami Bascom Palmer surgical table collapse is an ordinary negligence claim per judge, not subject to medical malpractice rules The test for whether a claim is “medical malpractice” boils down to the use of professional judgment. If the medical or nursing error involves the use or failure to use good professional judgment […]

Peer Review Privilege is Built upon a Bogus Myth (Convince Me I’m Wrong)

The news (Trial Court Order Forcing Disclosure of Quality Assurance Materials Appealed) about the hospital lobby in Illinois (Chicago is home to the Joint Commission for the Accreditation of Hospitals that conducts “sentinel event reporting” on licensed hospitals nationally) filing a brief to block patient safety reports led me into my archives. I have written […]

Opioid Use Disorder (OUD): Big Pharma and Medicine Made Off Like Bandits but what is the Human Cost?

Prison Time for Virginia Doctor Abusing Prescription Privileges  A former Virginia doctor has been sentenced to three years in prison for writing prescriptions that mixed powerful painkillers into narcotic cocktails that killed at least four of her patients, officials said, I am working on cases involving opioid use disorder (OUD) and the misdiagnosis and treatment […]

Evidence Monday: True Stories of Negligence #1

The jury didn’t even get to hear that … “At the time he treated Hoag, the oncologist was on federal probation after pleading guilty in 2014 to one misdemeanor count of receiving an adulterated or misbranded cancer drug.” New Mexico Jury Finds for Patient in Failure to Diagnose Cancer Case