Whenever you see see doctors pushing for "malpractice reform" or "tort reform" you should call your legislature and ask her to ask this question when the doctors come calling:Doctor, before we sit down to discuss what it is you want me to do for you, will you release the claim information on every claim you have paid and will you encourage your colleagues to do the same?You see, the doctors...
There is an interesting case brewing here in Fairfax County. I represent the former manager of a dental office who filed a complaint with the board of dentistry here in Virginia. Now she and others she worked with have been sued by the dentist, Farid A. Zurmati, DDS, owner of Kingstowne Family and Cosmetic Dentistry.The dentist alleges that a former office manager "made numerous allegations...
A study conducted by the Medical Research Institute in New Zealand has shown that people taking the pain reliever Celebrex have nearly twice the risk of heart attacks as those using other drugs. Celebrex, which is manufactured by Pfizer, Inc., is widely used to treat the pain of arthritis. Celebrex is part of a class of drugs knows as Cox-II Inhibitors. Two other drugs in this same class,...
A Hawaii jury has awarded damages of nearly $5.6 million in a lawsuit against a surgeon who placed a piece of a screwdriver in the patient's back.Two hours into the surgery the doctor discovered that the titanium rods to be placed in the patient's back were missing and he improvised a new rod by cutting the shaft of a stainless steel medical screwdriver. He did this despite the fact that a...
According to the Associated Press, the Chief of Neurosurgery at Highland Hospital in Oakland, California, was recently wrestled to the operating room floor by Sheriff's Deputies and arrested after allegedly going into a drunken rage when a nurse refused to let him operate. Dr. Federico Castro-Mouri was arrested on suspicion of being under the influence and interfering with the duties of a law...
A study presented in a recent meeting of the American College of Cardiology demonstrates, for the first time, that significantly lowering cholesterol with a statin medication can partially reverse the buildup of plaque in the coronary arteries. Prior research had indicated that aggressive statin therapy could prevent the progression of coronary arterial plaque buildup, but this is the first...
Malpractice cases must be virtually "perfect" in Virginia to win. Now here's another way to "lose" one. Have the large, 45 doctor specialty practice buy insurance from a company that was not licensed in Virginia and is now out of business. At least that's the story out of Hampton Roads, Virginia, today. The Virginia Pilot exposed this travesty today. Now, you might think that Virginia law would...
In 1988 Virginia, jumping on the tort reform bandwagon, made it virtually impossible for infants catastrophically injured at birth to sue the doctor or hospital for damages. The state promised that instead, these infants would be "taken care of" by a state program that would pay for medical care. The "bill of goods" sold to the public was that this would (1) keep lawyers out of the system, (2)...
Virginia law has a special "food warranty" that is an obligation on any seller or distributor of foods or consumable or edible products. The warranty provided by such sellers is that the product or consumable is wholesome for human use. The violation of this warranty may impose strict legal liability on the company or person under Virginia law making the person or company responsible for...
Medical malpractice lawsuits are attacked by doctors and major insurance companies, but the laws that permit these suits are critical to assuring that the delivery of medical care in the U.S. is improved. Simply stated: without the risk of economic penalty for poor care, U.S. medical services would be far worse today. In fact, recent studies have shown that medical malpractice claims have NOT...
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