Presidential candidate John Edwards, a former North Carolina trial lawyer and former United States Senator, has set forth his position on the topic of medical malpractice reform. In a positon paper released to today he called for an end to frivolous lawsuits. Edwards will require lawyers to have an expert testify that actual malpractice has occurred before bringing a suit. There will be...
In 1975, the California State Legislature passed the California Medical Injury Compensation Reform Act (MICRA) which placed a cap on damages for medical malpractice claims. According to this Act, an injured plaintiff cannot recover non-economic losses in excess of $250,000. This tort reform statute has been in effect in California for thirty-two years. Because this California law has been in...
Doctors make me chuckle. They hate lawyers, they hate lawsuits, and they especially hate class action lawsuits. Unless it's their own. A group of 900,000 doctors just settled a class action lawsuit against Blue Cross and Blue Shield for $128 Million. That after they received $405 Million from other insurers, including Aetna, Wellpoint, HeathNet, CIGNA, and Humana. The claims were based...
Today's Boston Globe carried an article with the title, "Bed sores aren't always a sign of negligent care." Having written blogs on this site, suggesting that severe pressures sores are usually caused by nursing home negligence, I read the Globe piece carefully (the law firm of Stark & Stark, has an excellent blog on the subject). My radar went up when I read the sentence that "[T[he sentiment...
My colleague Jeffrey M.Goldberg, a nationally-renowned trial attorney who is an expert in birth injury cases, has filed a medical malpractice suit in Illinois on behalf of a child born with cerebral palsy and severe brain damage as the result of a mismanaged labor and delivery. The suit seeks fair compensation for the child and his family, but argues that fair compensation can only be provided...
The always tongue-in-cheek Greedy Trial Lawyer brings my attention to a Florida medical malpractice lawsuit in which the defendants refused to settle for $275,000 before trial began. An Altamonte Springs woman had surgery to treat minor incontenence back in 2001. Things didn't go quite as expected, however, and now she must catheterize twice-daily for the rest of her life. At trial, the jury...
Here is a question we sometimes here from juries:I was on a medical malpractice jury recently. Although we wanted to find for the plaintiff we were afraid that our verdict would destroy the doctor financially. His wife was sitting in the courtroom during closing arguments and we really felt sorry for them. Will a doctor be destroyed by a medical malpractice verdict?We often see the doctor's...
Tthe National Pharmacists Association released a report that may explain why so many prescription errors are occurring. The title of the report: Pharmacists routinely pushed beyond what they consider safe for patients. The risk of error rises along with the number of prescriptions filled per hour. This summer the National Pharmacists Association released a report that may explain why so many...
A National Television Advertising Campaign to Highlight the Costs of Frivolous Lawsuits on Our Healthcare System. What are frivolous lawsuits and outrageous jury awards? They do not exist. The only thing that can properly called outrageous would be the unfair and unfounded criticism of a jury verdict. The press release from SickofLawsuits.org trumpets it is launching a National Television...
On Friday, the Allentown Morning Call addressed a Pennsylvania Department of Health report which indicated that on three separate occasions in 2010 and 2011, nurses at St. Luke's Hospital in...
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