The Tennessee Supreme Court has just granted a Rule 9 application in a medical negligence case, even though the Tennessee Court of Appeals refused to do so. The plaintiff had an abdominal operation several years ago and learned more than three years later that a clip was left on one…
Articles Posted in Medical Negligence
Tennessee Releases First Study of Med Mal Payouts
Where’s the beef? Rep. Rob Briley lead an effort to make medical malpractice insurers and health care providers to reveal to the State of Tennessee what their claims experience was. Malpractice insurers and health care providers fought this type of disclosure for almost two decades and, given what was disclosed,…
Errors in Diagnosising Cancer
Rueters reports that “in a review of patient specimens, errors in cancer diagnosis were seen in up to 11.8 percent of cases, according to a report in the medical journal Cancer. Moreover, in a substantial proportion of cases, the error caused some degree of harm for the patient.” The article…
Another Study Concerning Medical Malpractice Insurance Rates
The Insurance Commissioner from the State of Washington has released a fascinating study of malpractice insurance rates for physicians in that state. A news report of the findings says “that the amount doctors pay for malpractice insurance in 2005 is largely equal to or less than what they paid for…
Treatment for MI Patients
A new study reports that doctors should not give clot-busting drugs to patients who are going to receive angioplasty. Doing so increased the death rate by 40%. The results were so surprising that the study was stopped before it was complete.
Nursing Home Patient Dies of Sun Exposure
Ms Matney, a MS patient residing in a nursing home, died from over exposure to the sun. Her daughter has filed suit against the nursing home. The Toledo Blade reports that Ms Matney was permitted to sunbathe on a day where the temperatures exceeded 93 degrees. Her body temperature rose…
“Peer Review” Against Experts Who Testify for Plaintiffs
There are many ways that defendants fight medical negligence cases. Some battles are fought in the courtroom. Some are fought in the Legislature. Others are fought against the doctors who choose to testify for plaintiffs. Read this article about what can happen if a group of doctors doesn’t like your…
Frivilious Medical Malpractice Case
Click here to read about yet another example of a greedy trial lawyer filing a frivilous lawsuit for a greedy plaintiff.
Wisconsin’s Med Mal Decision Upsets Doctors
The Wisconsin Supreme Court struck down the state’s med mal cap, saying that even under the rational basis test the cap did not meet constitutional muster. The med mal insurances companies and the docs are upset. What the insurance companies and the doctors don’t understand is that rational basis does…
New Legislation Raises Issue of “Specialty Courts”
A bill has been introduced in Congress to fund pilot projects in several states to test the idea of special “health courts.” An article on the bill says that “[t]he bill would authorize the U.S. Secretary of Health and Human Services to award up to 10 demonstration grants to states…