A website has been launched that will help doctors and the public identify patients and lawyers who filed medical malpractice cases. Here is a nice summary: "The LitiPages.com Attorney Database allows victims of medical malpractice to screen prospective attorneys and, if they so choose, avoid lawyers who consistently fail to…
You resolve a case by settlement or judgment and the check is sent to your office. The check has been deposited in your trust account, has cleared the bank, and the proceeds are now ready for distribution. There are several health care providers who gave care to your client concerning…
My friend Keith Williams posted a comment that asked about the Tennessee ethics opinion that discusses how to handle the issue raised in the proceeding post – how should we handle liens asserted by health care providers when we have not signed a contract obligating us (as lawyers) to recognize…
The Massachusetts Supreme Judicial Court has ruled that a homeowner "owed a duty of reasonable care to the plaintiff relative to the storage of firearms kept in her home, to which a mentally unstable and violent person was given unsupervised access." Accordindly, the Court reversed a grant of summary judgment…
The Tennessean reports that the new federal courthouse in Nashville will be named for Senator Frist. The same Senator Frist who has repeated tried to keep medical malpractice victims from being able to access to the civil justice system. The same Senator Frist who, after diagnosising Terry Schaivo via videotape,…
You knew it would happen sooner or later. A same-sex couple in Connecticut has filed a loss of consortium claim in a medical malpractice lawsuit. Connecticut has a civil union statute that gives same-sex couples the same rights as heterosexual married couples. Given the state of the law in Tennessee it…
A jury in Texas has returned a verdict for the plaintiff in the first Duragesic pain patch case to go to trial. Plaintiffs alleged that Michaelynn Thompson "died because the Duragesic patch released too much fentanyl, a strong pain reliever, into her body." This article reports that there are 100…
It just makes sense for hospitals and doctors to try to resolve problems with patients before lawyers get involved, and it looks like they are starting to do it. This article from www.law.com explains how facilities are starting to aggressively deal with potential claims and avoid litigation. Look at what…
Here is a great case out of Illinois that reminds us of the importance of asking each fact witness about whether they have made any personal notes concerning the event at issue. In Cangelosi v. Capasso, No. 03–L–392, (Ill. Ct. App, 2nd Dis. June 30, 2006), plaintiff asked that a…
The Tennessee Supreme Court has ruled that the three-year statute of limitation applies for emotional distess claims arising out of injury to property "inspired by fraud, malice or like motives." The Trial Court and Court of Appeals affirmed dismissal of the claim for emotional injuries because the lawsuit was not…