"Damages" in an Injury Lawsuit: An Introduction for Lay People
Your Deposition: What to Expect
Trial by Jury: Why It Matters in a Democratic Society
The Burden of Proof -- What must plaintiffs prove to win their case?
Bringing a Lawsuit to Find Out What Happened and Why
Subrogation: Piggyback Claims by Health Insurers in Injury Lawsuits
Who Can Sue the U.S. Government for Injuries? A Legal Primer
Why Secret Settlements of Injury Lawsuits Are Bad (for Everyone but the Defendant)
How Big Tobacco Handles Lawsuits -- Attrition and Wait for Deaths
The Evolution of Informed Consent in U.S. Courts
How Auto Defects Can Cause Passenger Injury
What patients misunderstand about their right of informed consent
Blecker: GM Recalls Show Need for Harsher Penalties for "Red Collar" Criminals
Attorney Client Privilege
Proximate Cause - An Important Practice Tip for Personal Injury Lawyers
Understanding Supplemental Spousal Liability Insurance in NY
The Integrated and Coordinated Approach to Title IX Compliance
Hailey French’s Story – When millions barely cover the bills.
What happens if more than one person is responsible for an accident?
What is Subrogation and How Does it Affect Settlement Amounts?
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
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
"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
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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