One of the defenses commonly asserted in an Erb’s Palsy medical malpractice case is the "natural forces of labor defense." The Appellate Division of the Supreme Court of New York recently ruled that a trial judge did not abuse his discretion by ruling that the defense could not be…
The Arkansas Supreme Court has rejected an effort by the Arkansas Legislature to define who is permitted to give testimony as an expert witness in a medical malpractice case. Broussard’s medical malpractice case was dismissed on summary judgment after her expert witness was excluded under Arkansas Code Annotated section 16-114-206 (Repl.…
This article by an emergency room physician in Texas providers a good summary for the evaluation of chest pain in the emergency room. The article explains that "The decision to discharge a patient who presents with chest pain as the primary complaint should be made only after careful consideration…
This article from www.claimsjournal.com reveals data from the Physician Insurer’s Association of America on the monies spent on defense costs in medical malpractice cases. The PIAA reviewed closed claim data for 2009 and found that the average defense costs for medical malpractice lawsuits was $69,244 for cases that settled and…
Here is a great article by Shirley Svorny of the well-known liberal outfit, the Cato Institute. The article originally appeared in The Huffington Post:. The U.S. House is set to consider on the Republicans’ Jobs Through Growth Act, which contains a section aimed at reforming medical malpractice by imposing caps on…
NPR reports that a recent meeting of the Society for Neuroscience discussed why brain damage occurs in premature births. Research has revealed that the most common cause of brain injury in premature infants is a lack of oxygen in the days and weeks after birth. Apparently, the lack of oxygen damages…
In medical negligence cases in Tennessee there is often a dispute about whether the plaintiff can recover the amount of the medical charges or the amount actually paid by the private insurer or governmental entity like Medicare. This is a recent brief on the subject prepared by Brandon Bass, a…
The Doctor’s Company sells medical malpractice insurance to doctors. In 2010, it conducted 525 patient safety site surveys. The surveys were conducted across a range of practice environments around the country—from small office practices to large integrated delivery systems, hospitals, and outpatient facilities, such as surgery centers. The survey found…
Sounds outrageous, doesn’t it? A guy kills his mother and then the Georgia Supreme Court says he has a right to sue his psychiatrist for inappropriate psychiatric treatment that gave rise to the death of his mother. It is outrageous only if you know nothing about either law or…
The Florida Supreme Court has agreed to determine whether a limit on noneconomic damages in medical malpractice cases violates the state’s constitution. The law was passed in 2003 as part of a Republican-led effort to limit the rights of medical malpractice victims. The damages cap in Florida is $500,000 per…