Not only do Americans pay much more for medical treatment than anyone else in the world, they also bear the brunt of the most medical errors, according to a survey covering the USA, Australia, Canada, Germany, New Zealand and the United Kingdom. Almost 7,000 patients were consulted.The survey supported by The Commonwealth Fund finds that one-third of U.S. patients with health problems reported...
Most people have heard that rear-end collision type auto accidents are the fault of the driver who hits the person in front of them. In almost every case that is true. But why?The general rule of the common law forbids creating unreasonable risks of harm to others, which is Oregon's formulation of negligence law. In most automobile collision cases, the specifications of negligence include...
Once again, the great debate about tort reform is heating up throughout this Country. Proponents love to cite the most well-known supposed "frivolous lawsuit" is the story of Stella Liebeck - the woman who was burned by hot coffee from McDonalds. Thought I would give some brief facts about the case to show you how corporations ahve managed to get Americans to turn on themselves.1: Stella...
The Law Offices of Peter Miller, working in concert with Attorney Robert Bodoin in Fort Worth, Texas, settled a birth injury case for a very significant undisclosed amount. Although the settlement agreement required the non-disclosure of the parties and the specifics of the case, the basic information is as follows:During the delivery process, the infant started regestering distress. The OB/GYN...
The Complementary And Alternative Medicine Law Blog, CAMLAWBlog, is a project of Michael H. Cohen, Esq. Michael's blog is extremely useful in an age when more of us are turning away from traditional medicine to find better paths to a healthier life.The Complementary And Alternative Medicine Law Blog, CAMLawBlog, is a project of Michael H. Cohen, Esq. Michael's blog is extremely useful in an...
Oregon's Financial Responsibility Law requires that all automobile insurance policies have certain provisions. They fall into three parts: (1) liability, (2) uninsured/ underinsured motorist, and (3) personal injury protection.Liability policies pay for the consequences of the insured's negligence. Basic driving errors like failures of lookout, speed, and control, and failure to obey traffic...
In Florida, as in most states there is a separate body of law addressing Worker’s Compensation (formerly Workman’s Compensation). Generally, Worker’s Comp. deals with an employer or the employer’s insurance company obligations regarding wages and medical bills when an employee is injured on the job. In Florida, as in most states there is a separate body of law addressing Worker's...
The Pa. Superior Court in Pierce v. Northwstern Human Services, Inc. (Pa. Super Sept.22, 2005) rejected the plaintiff's claims. This tragic case involves a plaintiff, Pierce, who suffers serious psychiatric problems. He was prescribed a medication which, according to the warning label, had to be maintained at proper levels to control his psychotic behavior. The manufacturer of this drug decided...
A West Palm Beach, Fla., attorney has won a ruling declaring that the state Legislature's implementing law for last year's Patient Right to Know ballot initiative is unconstitutional because it fails to provide full public access to records on medical errors.The ruling is at least the second recent Florida circuit court decision in favor of medical malpractice plaintiffs who want to use the new...
The headlines report: Parents Get $1 Million in False Abuse Case and Judge Apologizes for Officials' Failure to Recognize Girl's Brittle Bone Disorder. But, reading the full article in the Washington Post will break your heart. Bullheadedness by doctors (and prosecutors) can cause good people and their families unbelievable grief.The headlines report the final chapter: Parents Get $1 Million...
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