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Filing Indiana Med Mal Complaint via Third-Party Carrier Does Not Toll Statute of Limitations

In this installment we discuss the recent Indiana Court of Appeals decision Moryl v. Ransone, which addresses the impact on the statute of limitations of filing a medical malpractice claim with the Indiana Department of...more

Weekly Law Resume - December 20, 2012: California Supreme Court Affirms Express Delivery Provisions of Government Claims Act

Hope DiCampli-Mintz v. County of Santa Clara, et al. - California Supreme Court (December 6, 2012) - Government Code section 915(a) establishes the manner of delivery of a claim against the government. It requires that...more

Appellate Procedure & Jurisdiction

UPDATED THROUGH September 4, 2012 Harmless Error – Medical Malpractice. Question certified: To avoid a new trial in a civil case, does the beneficiary of the error in the trial court have to show on appeal that it is...more

Admissibility of Social Security Disability Determination as Evidence of Causation in a Civil Suit

Counsel defending serious toxic exposure or personal injury claims are often faced with a determination by the Social Security Administration (SSA) that the plaintiff is disabled. More importantly, the finding will often...more

Minnesota Tells Dangerous Doctors: We Won't Punish You

It's been known for a while that Minnesota ranks dead last in the nation in the frequency with which its doctors are disciplined by the state licensing board for harming patients. Now we know why. A new...more

How to Complain Effectively about Unsafe Medical Care

If you believe your care provider has caused serious harm by negligence or malpractice, consult an attorney about legal relief. But that’s using a machete, and sometimes the job requires a butter knife. If you have a...more

Conservative Group Says Capping Patients' Malpractice Damages Could Encourage Unsafe Medical Care

The conservative Cato Institute is out with a new study arguing that putting limits on malpractice verdicts could be doubly bad for patients. It could result in both inadequate compensation for victims of malpractice, and...more

Youth and Tanning Beds: Do Not Mix

The groundswell against the use of tanning beds got an additional boost last week when California Gov. Jerry Brown signed legislation prohibiting children younger than 18 from using the body-bronzers as of January 2012....more

Plugging the "Black Hole" in Medical Licensing Boards

Too often, patients and families with a serious complaint about an incompetent or unethical medical doctor will write their concerns to the state licensing board and then see their case drop into a black hole. But now, thanks...more

Philadelphia Physicians Failed to Report Dangerous Peer

Many women who went to Dr. Kermit Gosnell to end their pregnancies came away with life-threatening infections and punctured organs; some still had fetal parts inside them when they arrived at the ER of nearby hospitals....more

States Fail to Discipline Rogue Doctors Whose Own Hospitals Find Them Guilty of Serial Malpractice

State medical boards responsible for disciplining physicians have failed to do so in more than half of cases where hospitals have revoked or restricted a physician’s privileges. A study conducted by Public Citizen, a...more

President Obama and Medical Malpractice Reform

Last month, in a move that many trial attorneys believe will reduce the quality of patient care, President Obama submitted a budget that calls for a major revamping of medical malpractice laws. As explained in this NPR...more

Maryland Bar Association Health Care Section: Developments in Informed Consent

INFORMED CONSENT: ORIGINS of INFORMED CONSENT The Common Law: - Civil and Criminal Battery Since all established English law as it existed in 1776 was incorporated into Maryland law, it has been a tort for a doctor...more

Malpractice Victims Respond to Myth of "Frivolous Lawsuits"

Dear President Obama: On March 1, 2010, the undersigned five survivors of medical negligence and family members had the honor of meeting with the White House Office of Public Engagement about the issue of medical...more

Couple Challenges West Virginia Malpractice Award Caps

A West Virginia couple who had been awarded more than $1.5 million in damages in a medical malpractice case only to have the award cut by two-thirds is challenging the state law that caps medical malpractice payouts to...more

State Licensing Boards Fail to Protect the Public from Dangerous Health Care Providers

Without a license to practice medicine or surgery or nursing or whatever, no health care practitioner can touch a patient. So the state licensing boards that issue -- and are authorized by law to take away -- licenses are...more

Error Rates in Medicine Continue High, but Lawsuits Are Down

The Center for Justice & Democracy has a new fact sheet on recently published studies on medical malpractice, hospital errors and preventable injuries. The depressing findings... Please see full article below for more...more

Malpractice Victims Speak Out Against Balancing Fed Budget on Their Backs

The federal "debt commission" proposals have a variety of features that would allegedly make medical care more affordable by hurting victims' right to financial redress if they are hurt by the ongoing epidemic of hospital...more

Easily Mixed-Up Medication Tubes Cause Patient Deaths and Injuries

For years, patient safety experts have known that medical devices, like tubes that deliver food and drugs to hospitalized patients, need to be designed so that predictable mix-ups don't hurt patients. If a tube is safe if it...more

Radiation Overdoses and Regulatory Ineptness

When is a radiation overdose not an overdose? When the facility giving the CT scans says so. At least that's what the Food and Drug Administration concluded when it dropped a safety investigation of the Huntsville, Alabama...more

American Health Lawyers Association: 2010 Annual Meeting & In-House Counsel Program: Managing & Moderating the Disruptive...

In This Presentation: A Legal Perspective: Legal issues to be Addressed and Revolved • Compliance with Joint Commission and Bylaw Standards • State Reporting Obligations • National Practitioner Data Bank Reporting...more

FDA Has New Initiative on Excessive Radiation to Patients

The scandal about injuries to cancer patients from malpractice in radiation therapy has had one beneficial side effect: the Food and Drug Administration is gaining urgency and attention for its new initiative to reduce...more

98,000 Preventable Patient Deaths: 9 Patient Safety Solutions

"No adverse event should ever occur anywhere in the world if the knowledge exists to prevent it from happening." That is a direct quote from the Joint Commission, a national organization that accredits more than 16,000 health...more

Wash Your Hands and Save A Patient's Life

There is a national epidemic of hospital acquired infections. To combat this situation, the entity that accredits hospital in the United States, the Joint Commission, announced this fall a national plan of attack that...more

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