Proposed Federal medical malpractice reforms are dead (again) and so I'll stop talking about them soon. Not just yet, though.Interestingly, Nevadans played a major role in the rise and fall of the legislation. John Ensign, R-Nev., sponsered part of the legislation, while Harry Reid, D-Nev., opposed it.Bloomberg News reported that Senate Democratic leader Harry Reid of Nevada called the attempt...
An initiative backed by Republicans and President Bush to limit jury awards in medical malpractice cases was rebuffed by the United States Senate.The Senate voted down two measures, one that would have capped jury awards in lawsuits and doctors and health care institutions and another that would have capped awards against obstetricians only. Caps on recover would have been set at $250,000 in...
Two proposed federal medical malpractice bills got hammered (again) in Congress yesterday. The arguments of those beholden to the insurance industry are getting tired. Nothing new. Most folks see through their smoke. What is almost laughable is the position taken by Pennysvlania's Senator Santorum. What a hypocrite this guy is.(I'll have to give him credit, though, for taking a stand even when...
Very often neglect and abuse in nursing homes goes on right under the noses of visiting family members. You can help prevent this by knowing what to look for and being inviolved in the care.What Should I Know? Federal and State laws grant specific rights to nursing home residents. These laws state that nursing homes must provide care and services "to attain and maintain the highest practicable...
The national trial lawyer's lobby was once again successful in fending off medical malpractice reforms that would have restricted the rights of Americans everywhere. (Too bad Nevada's trial lawyer lobby wasn't as successful in 2004).Here's an update:This evening, the Senate voted down two Motions to Proceed to the consideration of medical malpractice bills. Thanks to an aggressive lobbying,...
A San Antonio jury has returned a verdict $160 million in favor of the family of Tranquilino Mendoza, an 81-year-old man who was viciously beaten by a mentally disturbed roommate at the Comanche Trail Nursing Center in 1997.The jury found that Summit Care Corp., its Texas affiliate, and two of its employees shared responsibility for this particularly brutal beating and its aftermath. Mr. Mendoza...
While going through some of my archives this weekend in preparation for a talk I am giving soon, I ran across this letter that a couple of Roanoke, Virginia neurosurgeons had sent to a local judge following a verdict in a Roanoke medical malpractice case. It shows the type of pressure that judges are under. You can read the letter from the malpractice case and draw your own conclusions, but here...
Three cheers for Arizona Governor Janet Napolitano, a Democrat, has had the courage to veto a bill that would have made it nearly impossible for victims of medical mistakes in emergency rooms obtain justice.The law would have punished those least able to defend themselves, emergency room patients and had no proof that it would have helped alleviate any real or perceived doctor shortage. This is...
Medicaid is a program where an individual unable to afford necessary medical treatment may be eligible to receive state and federal Medicaid benefits. This is true even when another person or entity may be legally responsible to pay one's medical expenses yet the medical bills are unpaid awaiting a jury verdict or a settlement. Once a settlement or judgment is reached, Medicaid seeks...
Let us pronounce the death and burial of compassionate conservatism. And, let us admit that when a governmental entity or employee kills or seriously injures someone through reckless, willful or negligent conduct the victims will not be given a fair hearing in the Florida Legislature.State Senate President Tom Lee thinks claims filed by the unfortunate victims of state misconduct are "way too...
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