The Florida Supreme Court has agreed to determine whether a limit on noneconomic damages in medical malpractice cases violates the state’s constitution. The law was passed in 2003 as part of a Republican-led effort to limit the rights of medical malpractice victims. The damages cap in Florida is $500,000 per…
Insurance Journal reports that a Kentucky jury has sided with a physician who is alleged to have amputated a portion of his patient’s penis without the patient’s consent. The article states that "[t]he doctor said he decided to amputate less than an inch of the penis after he found potentially deadly cancer…
The Federal Tort Claims Act does not permit a mother who was mistakenly told that her son (a solider ) was dead to sue for emotional distress. Ms. Nabjur sent her son a letter and it was returned with a red stamp bearing the word "DECEASED." (Isn’t that nice?). The…
The Tennessee Bar Association published my column, Day on Torts, on September 1, 2011. The title of this column is "Who Should Get Burned by Bruce’s Torch?". An excerpt: Independent contractors are not considered employees. The general rule is that one who employs an independent contractor is not liable for the…
The Tennessee Supreme Court has circulated for public comment changes to the rules of evidence and procedure. If adopted by the Court and approved by resolution in the 2012 General Assembly, the proposed rule changes will go into effect July 1, 2012. A couple changes are of particular interest to…
Kenneth Levine of Kenneth Levine and Associates of Brookline, Massachusetts has filed a fascinating lawsuit against the authors of an article on brachial plexus injuries and the publication that printed the article. Levine alleges that the article, "Permanent Brachial Plexus Injury Following Vaginal Delivery Without Physician Traction or Shoulder Dystocia…
Associated Press reports that a lawyer employed by Baxter International, Inc, a major manufacturer of intravenous drugs and medical devices, tried to pay an opposing expert in a lawsuit if he would leave the country on a key court date. The expert caught the offer on tape. Baxter’s response: "The…
I don’t have a Category titled "You Won’t Believe This Crap" but, if I did, this post would be filed there. According to the WSJ Law Blog, New York City lawyer Gregory Berry has sued his former firm for more than $75 million, claiming the firm fired him for exhibiting intelligence…
The California Supreme Court has ruled that a tortiously injured person who receives medical care for his or her injuries may recover medical expenses only in the amount that the plaintiff’s health insurer paid, not the amount charged by the health care provider but later reduced by a contract between…
The Supreme Court of Iowa has ruled that punitive damages cannot be recovered from the estate of a dead tortfeasor. The thinking goes that punitive damages cannot punish a dead person. In addition, the Court held that in such cases the actor’s state of mind is important and direct evidence of the…