Medical Malpractice

• The Medical Malpractice Myth: Legal Analysis Finds That Patients Fare Poorly in Court

  Geoff Trachtenberg | May 12, 2007 9:23 PM | 0 CommentsScottsdale, AZ

  As any medical malpractice attorney worth their salt will tell you, there is absolutely no epidemic of plaintiffs' medical malpractice verdicts. As these attorneys know, very,very few medical malpractice cases are worth pursuing and fewer still result in a monetary award or settlement. Indeed, it is somewhat laughable that so-called tort reformers advance medical malpractice caps of $250,000...

• Mistakes That Give Rise to an Inference of Negligence

  Geoff Trachtenberg | March 21, 2007 9:53 AM | 0 CommentsScottsdale, AZ

  Sometimes mistakes are so obvious that the law permits an inference of negligence. The legal term for this type of situation is res ipsa loquitur and, in Arizona, applies where (1) in the normal course of events, the accident would not have occurred unless defendant was negligent; (2) the accident occurred as a result of an instrumentality that was under defendant's exclusive control; and (3)...

• Tort Refrom Criticism from the Oklahoma Supreme Court

  Staff Writer | December 21, 2006 1:45 PM | 0 CommentsPhoenix, AZ

  I recently came across an opinion from the Oklahoma Supreme Court released onto its web site on December 19, 2006 but not yet formally published which presents an interesting analysis of tort reform in the state of Oklahoma. The Oklahoma Supreme Court in an almost unanimous decision struck down a tort reform initiative requiring an expert affidavit of merit to accompany every new medical...

• Patient Errors in Hospitals

  Staff Writer | April 19, 2006 10:11 AM | 0 CommentsPhoenix, AZ

  Today I saw another blogger's post about increasing patient safety problems at our nation's hospitals as well as unique perspectives about these problems. Take a look at this post and its cynical implications on the medical malpractice reform debate in our country. I must warn you, however, that this overall blog site presents a completely different perspective and approach to the practice of...

• The Medical Malpractice Reform Debate in Arizona

  Staff Writer | January 17, 2006 12:45 PM | 0 CommentsPhoenix, AZ

  With the medical malpractice reform debate gearing up this legislative session in Arizona, I thought I'd reflect on this highly emotionally charged issue. Doctors say that they cannot continue to practice medicine when insurance premiums continue to skyrocket. Patients want access to quality medical care and want accountability in case something goes wrong with their medical care. Is...

• Emergency Medicine Reform

  Staff Writer | May 03, 2006 1:35 PM | 0 CommentsPhoenix, AZ

  Yesterday, Governor Napolitano vetoed a measure passed by the Arizona legislature that would have heightened the burden of proof required to assert a claim against physicians arising out of poor emergency medical care. If Governor Napolitano had not vetoed this legislation, a patient victim would have to present "clear and convincing" evidence of medical malpractice when submitting claims...

• The Medical Malpractice Reform Debate Continues

  Staff Writer | March 27, 2006 6:32 PM | 0 CommentsPhoenix, AZ

  Well it appears that Arizona Senator Jon Kyl has been constantly denouncing plaintiff attorneys for representing victims of medical malpractice so no wonder why he has supported a new idea to "reform" our justice system. According to a recent article in the Arizona Republic, Kyl supports the idea of special health courts to "try" medical malpractice cases without juries. Well Senator Kyl, with...

• Personal Injury and Medical Malpractice Reform

  Staff Writer | January 26, 2006 3:18 PM | 0 CommentsPhoenix, AZ

  According to breaking news from the Arizona Daily Star, the Arizona Medical Association has made a decision not to pursue lawsuit reform initiatives in the next election. In order to seek limits on the amount and type of damages a jury can award, those who oppose the current system of justice would have been required to seek changes to the Arizona Constitution. According to representatives of...