Where’s the beef? Rep. Rob Briley lead an effort to make medical malpractice insurers and health care providers to reveal to the State of Tennessee what their claims experience was. Malpractice insurers and health care providers fought this type of disclosure for almost two decades and, given what was disclosed,…
You may remember that the Florida voters passed a cap on attorneys’ fees in medical malpractice cases. The constitutional amendment was pushed by Florida’s doctors. Fees are capped at 30% for the first $250,000 and 10% on any amount over $250,000. Lawyers representing patients began asking them if they wanted…
Rueters reports that “in a review of patient specimens, errors in cancer diagnosis were seen in up to 11.8 percent of cases, according to a report in the medical journal Cancer. Moreover, in a substantial proportion of cases, the error caused some degree of harm for the patient.” The article…
Bryant Flury alleged that he was injured when his air bag failed to open. He brought suit against the manufacturer of the truck he was driving at the time of the one vehicle accident. He won a $250,000 jury verdict. The manufacturer appealed on several grounds, including that the subject…
There is a fascinating but disturbing story in today’s New York Times about a federal court case involving claims arising from alleged injuries because of exposure to silica. Judge Jack has raised serious questions about whether the claims are legitimate and the role of the doctors and claimant’s lawyers in…
I love handling appeals. I prefer to be an appellee, and I would just as soon win and move on, but if we have to end up in an appellate court, I enjoy the work. Here is a publication from the Defense Research Institute addressing various issues concerning appeals, including…
The Insurance Commissioner from the State of Washington has released a fascinating study of malpractice insurance rates for physicians in that state. A news report of the findings says “that the amount doctors pay for malpractice insurance in 2005 is largely equal to or less than what they paid for…
A jury in South Texas returned a jury verdict against Ford yesterday. A teenager died when the truck rolled over and the roof crushed. The truck was forced off the road by the actions of another driver. That driver was also apportioned fault in the incident. Ford was given 90%…
Can a passenger of one vehicle sue a passenger of a different vehicle alleging that the latter negligently told the vehicle driver that it was safe to back up when, in fact, it was not, and the resulting wreck injured the former? This is a classic duty question – it…
The Plaintiffs’ proof is about over, and the jury has been permitted to ask questions. To read about the current status of this important case, click here.