A heartfelt thanks to Lexmonitor, a daily review of law blogs and journals, for these kind words about my post discussing testimony by podiatrists. Tennessee injury lawyer John Day has been blogging for years, and his posts display a keen knowledge of what makes a blog consistently readable and valuable to…
Economists in personal injury cases and wrongful death cases often consider work life expectancy tables in calculating future economic losses. As explained on this website, "[m]any laypersons (and some experts) assume that [worklife expectancy] is the number of years until the person turns 65, the historic age for full social security…
The Court of Appeals for the Sixth Circuit has issued an opinion upholding the admissibility of an medical doctor’s opinion on causation based on application of traditional differential diagnosis theory. In Best v. Lowe’s Home Centers, Inc., (No. 08-5924) , _ F.3d _ (6th Cir. April 16, 2009) the court reversed…
According to the Wall Street Journal Law Blog, the Chamber of Commerce is going to start running short films before feature films in movie theaters in the Washington, D.C,area. The films "tell a story of supposed “Lawsuit Abuse” — cases in which people were allegedly dragged into the legal system…
One medical malpractice insurer, The Doctors Company, has an interesting article on medical malpractice claims concerning pap smears. Here is a excerpt from the article that discusses the scope of the problem: To put the potential magnitude of this problem in perspective, a College of American Pathologists (CAP) study of…
Ms. Arizona was asked a question about universal health care during her Miss USA pageant interview Her response reminded me of the frequent, mindless sound bites offered by the 2008 GOP candidate for Vice President of the United States. Watch the video clip here. Universal health care – I can see it…
Public Citizen ranks Tennessee 40th in its 2008 ranking of serious doctor disciplinary actions taken by state medical licensing boards. The Tennessee board took a total of 40 serious disciplinary actions against the 18,137 doctors in Tennessee, or a total of 2.44 actions per 1000 physicians. The total leading states were Alaska…
The Wall Street Journal has been writing a series of articles about crashes of medical helicopters. A total of 13 crashes took 29 lives in 2008. This crashes can give rise to several potential types of claims. The patient has a potential claim, assuming he or she can prove that…
Many of us know that doctors prescribe drugs for uses other than those approved by the FDA. This article discusses off-label drug prescribing and suggests that physicians who prescribe a drug for an off-label use follow the following steps to obtain informed consent: a statement that the off-label use is…
The Idaho Supreme Court has permitted an expert to opine that two defendants in a medical negligence case engaged in not just negligent but reckless conduct. In Jones v. Crawford, 2009 Opinion 53 (Idaho S. Ct. April 8, 2009), a defendant appealed from an adverse jury verdict in a wrongful…