Part of the case evaluation process is a review of appropriate literature. A literature review is not enough – you still need as expert to testify that the protocols set forth in any given piece of literature represent the standard of care. But the existence of literature on point can…
The Kansas Supreme Court has stated that a patient injured as a result of alleged medical negligence can file suit under the state’s consumer protection act. The patient , Williamson, alleged that the defendant doctor "represented that the surgery he was recommending had a high likelihood of successfully relieving her…
It takes a tremendous amount of time and money to screen medical malpractice cases. Our office reviews over 700 cases per year and rejects over 95 percent of them over the phone. Of the remaining 5 percent most are rejected after review of the medical records and, if appropriate, consultation…
I wrote two posts in the last year (here and here)about doctors who have been attacked by organized medicine for giving testimony on behalf of plaintiffs in medical malpractice lawsuits. The goal of these efforts is not only to punish the doctors for having the audacity to testify for a…
Plaintiff filed an affidavit from an expert witness in opposition to a motion for summary judgment in a medical negligence case. The expert – from UAB in Birmingham – explained that he understood the standard of care in Memphis because of the following: 2. I am familiar with the standard…
The Tennessee Department of Commerce and Insurance has released the "2006 Tennessee Medical Malpractice Claims Report"" which, in fact, is based on 2005 data. Read the entire report here. Some highlights: * There were 5 – that’s right – 5 – claims were resolved by judgment for the plaintiff in…
The Georgia Supreme Court was confronted with this question: "In what circumstances, if any, is evidence of a nurse’s failure to pass a licensing examination admissible in a medical malpractice action against the employing physician?" Plaintiffs’ son Luke was diagnosed with bacterial meningitis resulting in brain damage and quadriplegia. Plaintiffs claimed…
The Florida Supreme Court has released an important decision on testimony by expert witnesses. Plaintiff’s counsel sought an order prohibiting a defendant’s expert from testifying that he relied on consultations with colleagues or other experts in forming his opinions. The Florida high court said "that such testimony is inadmissible because…
Plaintiff received neck and spinal cord injuries in a motor vehicle accident. He was taken to the local ER; the ER doctor thought he needed to be seen by a neurosurgeon. The on-call neurosurgeon (Ebeling) said he was very tired and would not be coming to the hospital and recommended…
Do you remember Kelley v. Middle Tennessee Emergency Physicians, P.C., 133 S.W.3d 587 (Tenn. 2004), when the defendant tried to claim that he owed no duty to the plaintiff because he was not the plaintiff’s regular doctor? The defendant was called by the emergency room doctor and gave the doctor advice that allegedly…