Large Verdicts: The Most Vulnerable Victims Are Most Affected By Caps and Delays

Not surprisingly, the largest verdicts in medical malpractice cases tend to happen in cases with overwhelming medical costs and needs. When trial lawyers tabulate the real cost of these needs, they often use the word “board”. As in, putting the expenses up on the board. Expert witnesses and life care planners are often involved in […]

TS Eliot Knew: Lots of Information Without Enough Knowledge

From 1920 (pre-internet): The vast accumulations of knowledge—or at least of information—deposited by the nineteenth century have been responsible for an equally vast ignorance. When there is so much to be known, when there are so many fields of knowledge in which the same words are used with different meanings, when everyone knows a little […]

Seventh Son: The 7th Amendment Right to Jury Trial

If America’s founders hadn’t guaranteed the right to a jury trial in our Constitution, we might look like Canada (who inherited the same English common law and history). Early in the jury system, an accused was required to consent to be tried by a jury. However, the choice was illusory. Coercive methods were used including […]

Dobbs Will Have “Grave Consequences”

According to health care professionals, academics, and Forbes. The American Medical Association wrote in a statement Friday it is “deeply disturbed” by the decision, which it called an “egregious allowance of government intrusion into the medical examination room,” while the California Medical Association said it “undermines decades of progress in health care for pregnant people,” adding it is a […]

Caravan

Long after Duke Ellington instigated fascination in exotic melody with the jazz standard, The Band and Van Morrison took another stab at the concept. And the caravan is painted red and white That means ev’rybody’s staying overnight Barefoot gypsy player round the campfire sing and play And a woman tells us of her ways La, la, […]

Days of Graduation

Friday morning, I was sitting in Pauley Pavilion at UCLA surrounded by thousands of parents for a graduation ceremony (the first of three that day). I’d forgotten how essential these rituals can be. The floor of the stadium was filled with students from the various schools and disciplines who – during their years in college […]

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 […]

Please Provide A List Of All Malpractice Cases Filed Against You

Discovery in a civil case is not limited to trial evidence. In fact, the rules in most jurisdiction allow discovery of anything that is reasonably calculated to lead to the discovery of admissible evidence. In most medical malpractice cases, this means a list of all prior professional negligence claims (no matter the outcome). These prior […]