With the current effort to help health care providers avoid full responsibility for their actions gaining steam in our state legislature, it seems appropriate to re-print this post from five years ago, with slight modifications. I found this memo at an empty corner table in the bar in the basement…
The Missouri Supreme Court has determined that comparative fault principles should apply to cases where the loss suffered by the plaintiff is purely economic. In Children’s Wish Foundation, International, Inc. v. Mayer Hoffman McCann, P.C., No. SC9094 (Missouri S.C. 2/8/11) plaintiff brought a professional negligence claim against the accounting firm…
Governor Haslam (R-Tenn.) has introduced his tort reform bill which, among other things, imposes an arbitrary cap on the damages a jury may award for pain, suffering, disability, disfigurement, loss of enjoyment of life, loss of consortium (in both personal injury cases and wrongful death cases). The proposed cap is…
The Board of Commissioers on Grievances and Discipline of The Supreme Court of Ohio has released an opinion of the issue of whether, during settlement of a matter, it is ethical for a lawyer to propose, demand, and or agree to personally satisfy any and all claims by third persons…
The Boston Globe reports that more than 2000 people died in a period of a little more than five years because of issues arising from alarms on hospitalized patients. The cause in many cases: personnel did not notice that the alarms were sounding or ignored them. From the article: …
From the AP at 1:43 PM EST on 2/15/11 Obama starts drive for medical malpractice reforms WASHINGTON — Putting his own stamp on a long-standing Republican priority, President Barack Obama is launching a drive to overhaul state medical malpractice laws and cut down on wasteful tests doctors perform because they fear…
Plaintiff’s accident reconstructionist (Webb) in an auto defect case was deposed about his proposed testimony. Thereafter, Webb signed an errata sheet that changed four of the variables he used to make his calculations. Among the changes were a change in the angle of the subject vehicle from 22 degrees to 44 degrees and an…
This video demonstrates the struggles that defense lawyers have with some claims adjusters.
A new study reveals that as many as 75 percent of hospital tests are not followed up and this failure can have serious consequences for patients, including delayed or missed diagnoses and even death. The study is a "study of studies," and looked at 12 international studies. The work showed…
Here is an interesting story from the New York Times. Malpractice Bill Raises Issues About a Lawsuit By BARRY MEIER Published: February 8, 2011 The lawmaker and retired obstetrician sponsoring a Congressional bill to sharply cut medical malpractice awards was involved in a $500,000 settlement of a malpractice lawsuit. The…