This should scare the hell out of every one of us who try lawsuits for a living and have to rely on or fight against “scientific studies.” This article from the Washington Post tells us that (a) “more than 5 percent of scientists answering a confidential questionnaire admitted to having…
There is yet another article that provides more data undermining the alleged need for restrictions on the right of patients to sue negligent health care providers. According to the abstract of a study published in Health Affairs “we used data from the National Practitioner Data Bank (NPDB) to study the…
The Internet is the great equalizer. It allows solo practioners in Burning Stump, Tennessee to have access to the same information available to the biggest law firm in the biggest bank building in the the biggest city. All you need is a computer, an Internet connection, and time. Gloria Miccioli,…
I am embarrassed to say that six months ago I did not even know what a blog was. Well, maybe I knew what one was – I have some recollection about reading stories about political blogs during the last presidential campaign – but I had never looked at one. I…
It has been rumored for over a year that our Chief Justice would retire this year, and in fact his retirement party has been in the planning stages for some time. However, it is now official: effective September 2, 2005 we will be losing Frank Drowota as a member of…
OAKLAND, Calif. — ESPN has reported that former Oakland Raiders teammates Marcus Williams and Bill Romanowski are settling their legal dispute. Williams’ career ended after his eye socket was broken by Romanowski, who ripped off Williams’ helmet during a practice drill and hit him in the face. Williams sued Romanowski…
The Fourth District Court of Appeals in Florida has ruled that a pharmacist may be held liable for failure to follow the standard of care for pharmacists even though the pharmacist dispensed drugs pursuant to a doctor’s order. The plaintiff alleged that the pharmacist should have intervened to stop the…
Is this what a corporation does when it knowingly markets a product that it knows will kill? No. “Anticipatory” wrongful death is what author Gregory P. Forney calls a claim for loss of earnings and consortium for someone who has arguably had his or her life expectancy shortened because of…
Punitive damages are hard to get and harder to keep. Defendants have been pushing the evils of punitive damages for over two decades now, and the United States Supreme Court has placed certain limitations on the award of such damages. So, the reasonably prudent plaintiff’s lawyer must give careful consideration…
I wrote a couple days ago about “anticipatory” wrongful death. I mentioned that I would try to track down the case that gave rise to the article and see how it turned out. I found it. The case is Natalini v. Little, 278 Kan. 140, 92 P.3d 567 (Kan.2004). The…