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…
Articles Posted in Medical Negligence
Why Brain Damage Occurs in Premature Births
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…
Brief Seeking Recovery of Medical Expenses Charges Under Tennessee’s Medical Malpractice Law
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…
What Is Going Wrong With Patient Safety in Health Care?
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…
He Killed His Momma But Is Permitted to Sue His Psychiatrist?
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…
Florida Supreme Court to Evaluate Constitutionality of Damage Cap in Medical Negligence Cases
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…
Kentucky Jury Throws Out Claim of Wrongful Penis Amputatiion
Insurance Journal reports that a Kentucky jury has sided with a physician who is alleged to have amputated a portion of his patient’s penis without the patient’s consent. The article states that "[t]he doctor said he decided to amputate less than an inch of the penis after he found potentially deadly cancer…
Lawyer Alleges That False Medical Article is Being Used to Defeat Brachial Plexus Injury Cases
Kenneth Levine of Kenneth Levine and Associates of Brookline, Massachusetts has filed a fascinating lawsuit against the authors of an article on brachial plexus injuries and the publication that printed the article. Levine alleges that the article, "Permanent Brachial Plexus Injury Following Vaginal Delivery Without Physician Traction or Shoulder Dystocia…
New Data on Medical Malpractice Claims
Max Kennerly has a great post on a study on medical malpractice that was recently published in the NEJM. Read it here.
Are There More Errors in Hospitals in July?
Are you more likely to get hurt in the hospital in July? This article from the New York Times says "yes," if you are in a teaching hospital. The Times article references to a paper published earlier this month in Annals of Internal Medicine,. The paper examines previous studies of the…