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Articles Posted in Medical Negligence
Pro-Plaintiff Opinion from Sixth Circuit
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…
Failed Vasectomy – Wife Has No Claim
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…
Doctor Speaks Out In Favor Of Medical Malpractice Litigation
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…
You Think You Have Had Problems With An Expert?
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…
Another Study Rejects Med Mal Reform Hype
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 all these blogs about Medical Malpractice Statistics and Legislation?
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;…
Today’s Hearing
Well, the Civil Practice Subcommittee met today but the sponser of the two “reform” bills asked that the bills be “rolled” (continued) until next week. The sponser indicated he wanted to amend the bill to address some of the issues I raised in the hearing of 12 days ago. Next…
Hearing on Medical Malpractice Reform Bill Today
That title is so misleading. Today’s hearing has nothing to do with modifying the health care system to prevent injuries and death from medical malpractice. Today’s hearing will determine whether the Civil Practice Subcommittee of the House Judiciary Committee will vote-out a bill to restrict the rights of people who…
New Study Concerning Medical Errors
The American Association of Critical Care Nurses has issued a new study concerning medical malpractice in our nation’s hospitals. This is scary stuff. The reports says that each year “one in twenty in-patients will be given the wrong medication, 3.5 million will get an infection from someone who did not…