The highest court of New York has rejected in part the medical negligence claim of a woman who sued a doctor and others for emotional distress but permitted the claim of the child to go forward. The mother claimed that the doctor told her that the seven week old fetus…
Those of us who have lived through a couple of the so-called medical malpractice insurance crises knew it was just a matter of time before the market softened. The time has come. The industry has declared that the insurance crisis is over. Read this fascinating article. Of course, the facts…
The Supreme Court of North Dakota has ruled that whether or not a reasonable patient would accept the risk of death from a procedure is a jury question and not one for which expert testimony is necessary. The plaintiff’s wife died after an IVP. The doctors admitted that they did…
GE’s Standard Edition of Medcyclopedia includes at no charge all text and images from The Encyclopaedia of Medical Imaging’s eight book volumes: Physics, Techniques and Procedures, Normal Anatomy, Musculoskeletal and Soft Tissue Imaging, Gastrointestinal and Urogenital Imaging, Chest and Cardiovascular Imaging, Neuroradiology and Head and Neck Imaging, and Paediatric Imaging.…
The Sixth Circuit Court of Appeals reversed a ruling of the trial judge excluding certain experts in a medical negligence case, stating that Daubert’s role of ensuring that the courtroom door remains closed to junk science is not served by the exclusion of testimony supported by relevant experience. The Court…
James’ vasectomy did not go as planned. His wife Corrine became pregnant. They filed suit against his urologist. The Maryland Court of Special Appeals held that Corrine could not file suit against the doctor because there was not a physican-patient relationship. In short, the Court ruled that Corrine did not…
A neurosurgeon has written an op-ed piece about his experience with medical negligence litigation and offering his opinion about the role it plays in our society. The article is titled “How Malpractice Suits Keep My Profession Honest.” The writer gives this example of the pressure faced by doctors who testify…
Expert witnesses. Can’t live with ’em. Can’t live without ’em. Can’t kill ’em. Buy me a drink sometime and I will tell you expert witness stories that will make your head spin. Or, let me buy you a drink and I will bore you with the same stories. But I…
Public Citizen has just released new information that sets the record straight on various facts concerning medical negligence. A few highlights: 1. At the same time that insurance rates in some areas have been climbing, the number and total value of malpractice payouts to patients have been flat since 1991…
Why? Because, unfortunately, part of the job of being a tort lawyer who represents patients and other negligence victims is staying on top of issues that affect current and future clients. I have monitored tort “reform” legislation since 1984. I have testified on our Capitol Hill numerous times since 1985;…