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.…
Do you remember that Florida capped fees in medical negligence litigation? Severely? If not, see this post. Well, lawyers for plaintiffs gave plaintiffs the opportunity to waive the cap. Certain members of the bar (most of them with connections to health care providers) asked the Florida Supreme Court to adopt…
A new study published in Health Affairs found that “[t]he United States often stands out with high medical errors and in-efficient care and has the worst performance for access/cost barriers and financial burdens.” The study looked at the health care delivery systems in Germany, Australia, Canada, New Zealand, the United…
Interested in knowing what the American College of Emergency Physicans thinks about how certain patients should be treated in the ER? Then read this post at our Medical Malpractice Blog.