The Indiana Supreme Court denied a challenge to the constitutionality of a statute of limitations for minors. The statute required that a suit be filed within two years of the date of injury or by the injured minor’s eighth birthday if injured in the first six years of life. The…
Can a defendant doctor testify about what he was told by a consulting doctor? No, according to the Rhode Island Supreme Court. The court held that the statement of the consultant (who received his information about the patient over the telephone from the defendant) was hearsay and that it did…
Here is the text of the Governor’s State of the State Address. You will note that the Governor did not call for restrictions on the right of patients to hold doctors and hospitals responsible for their negligence. This is a good sign. You can be assured that this was not…
I did not watch the State of The Union Address last night but I read the speech that he was supposed to have delivered. It was to contain this line: “And because lawsuits are driving many good doctors out of practice – leaving women in nearly 1,500 American counties without…
We all know that that a person who suffers from an “unsound mind” gets the benefit of a tolling of the statute of limitations under T.C.A. Section 28-1-106, which states that “[i]f the person entitled to commence an action is, at the time the cause of action accrued, either within…
The Michigan Court of Appeals has ruled that “[a]s a matter of law … a physician’s raw success rates do not constitute risk information reasonably related to a patient’s medical procedure.” There apparently was no (or little) evidence of affirmative misrepresentation on the issue. A verdict for the plaintiff was…
Plaintiff settled a case with the hospital concerning care given by the nurses and proceeded to trial against the doctor. Over the plaintiff’s objection, the judge gave this instruction to the jury: “Every physician using ordinary care has the right to assume, until the contrary is or reasonably should be…
Isn’t that what you have always heard? Read what can happen when a hospital doesn’t properly sterilize instruments after a procedure on a brain.
As I have mentioned in some past posts (the most recent one can be read here) the voters of Florida passed a constitutional amendment one year ago that severely limited the amount of attorneys’ fees in medical negligence actions. Lawyers who believed that a case was valid but who could…
Yesterday afternoon the Tennessee Supreme Court said the the 3-year statute of repose found in the “Doctor and Hospital Relief Act of 1975” should be applied to claims made by minors. Before yesterday, most lawyers assumed that minors had the right to wait until their 19th birthday to file suit.…