Posts tagged medical malpractice

• Expert Witness Fees or Windfalls?

  Steve Klearman | March 23, 2007 6:52 AM | 2 CommentsReno, NV Category: Defective & Dangerous Products
  

  Nevada medical malpractice cases were put on the road to extinction several years ago by a voter-approved initiative that restricted lawsuits to such an extent that many attorneys stopped practicing in this area altogether.I still do and will continue to. But I've noticed that as medical malpractice lawsuits have become more limited, doctor's expert fees have continued to spiral. Several days...

• California Rates Cardiac Surgeons

  Steve Klearman | July 16, 2007 7:43 AM | 1 CommentReno, NV Category: Medical Malpractice
  

  This from Garth Sullivan, Esq. at Indox Consulting:For the first time, California consumers can find out how individual cardiac surgeons fare on coronary bypass procedures. In a new report, the state has listed bypass death rates for 121 hospitals and 302 heart surgeons. The data is drawn from adult bypasses performed between Jan. 1, 2003 and Dec. 31, 2004. Hospital fees paid for the $1.5...

• Get Records from Nevada Doctors

  Steve Klearman | May 09, 2007 8:57 AM | 1 CommentReno, NV Category: Defective & Dangerous Products
  

  As I've pointed out many times now, there is a one-year statute of limitations in many Nevada medical malpractice cases.This means that if you request your medical records from your doctor, you should not let your doctor's office delay provision of records for more than a week or two.Undue delay in obtaining records could compromise your ability to bring your case. If you have problems getting...

• How Private is Your Health Information?

  Steve Klearman | December 14, 2006 2:20 PM | 1 CommentReno, NV Category: Defective & Dangerous Products
  

  This will be an ongoing topic starting today. As a technology-obsessed attorney, our privacy as healthcare consumers interests (distresses) me.A recent example: I had a small, simple auto accident case in which my client was the passenger in a vehcle that was hit. Clear liability any way you look at it. My client broke bones. Her only medical claim related to those broken bones. ...

• Evidentiary Privileges in Nevada

  Steve Klearman | November 30, 2006 8:59 AM | 1 CommentReno, NV Category: Defective & Dangerous Products
  

  The evidentiary concept of "privilege" protects certain types of disclosures in certain situations.NRS 49.015 provides, generally:49.015. Privileges recognized only as provided1. Except as otherwise required by the Constitution of theUnited States or of the State of Nevada, and except as provided inthis Title or Title 14 of NRS, no person has a privilege to:(a) Refuse to be a witness;(b) Refuse...

• South Dakota Jail for Judges Initiative

  Steve Klearman | October 18, 2006 9:45 AM | 1 CommentReno, NV Category: Defective & Dangerous Products
  

  Ever wonder what sort of recourse you have against a judge?There's a fascinating and disturbing constitutional amendment on South Dakota's November ballot.Here's an editorial dated October 17, 2006 from the Press & Dakotan, which can be found at http://www.yankton.net/stories/101706/opEd_796101706.shtml:South Dakota's proposed Constitutional Amendment E -- the so-called J.A.I.L. amendment -- on...

• Proving a Medical Malpractice Case in Nevada - Part II

  Steve Klearman | August 30, 2006 9:12 AM | 1 CommentReno, NV Category: Medical Malpractice
  

  This blog I will continue with Nevada Supreme Court case selections that pertain to proving medical malpractice claims in Nevada. As always, when I list holdings from multiple cases, selections are listed in chronological order starting with more recent cases:In a medical malpractice case, under the traditional doctrine of res ipsa loquitur, the presumption of negligence arises after plaintiff...

• Politics and Drugs

  Steve Klearman | April 03, 2006 11:45 AM | 1 CommentReno, NV Category: Defective & Dangerous Products
  

  This set of observations come from the Greedy Trial Lawyer blog at http://www.greedytriallawyer.com. I reproduce this here in an attempt to occasionally touch upon the unsavory relationship between our pharmaceutical companies and our politicians:In the closing days of the 2005 legislative year, Senate Majority Leader Bill Frist and the White House fail to obtain the needed support for a...

• Insurance Companies Blame Lawyers for Bad Earnings

  Steve Klearman | March 24, 2006 7:46 AM | 1 CommentReno, NV Category: Medical Malpractice
  

  Medical malpractice insurance companies pushed hard on tort reform after they lost money (along with everyone else) in the stock market a few years back.Jordan Margolis, a Chicago personal injury lawyer, recently reported on his blog, that new studies show that we are not in a medical malpractice insurance crisis now.Magolis notes: Just as consumer rights organizations predicted, the so-called...

• When Doctors Are Not Listening

  Steve Klearman | March 24, 2006 7:25 AM | 1 CommentReno, NV Category: Medical Malpractice
  

  I like to tell my injury clients that their doctors are the most important witnesses in their cases.When a case is large or complex, I tell my clients that we can hire expert doctors, but treating doctors tend to have greater credibility with a jury since they 1) are not paid to provide opinions (even though most demand payment to testify); and 2) have actual "hands-on" contact with the...