Medical Malpractice

News & Analysis as of

Is the California Medical Board Too Slow in Disciplining Doctors?

The case of former San Diego Chargers team physician Dr. David Chao has raised questions about how much the California Medical Board is doing to discipline doctors involved in malpractice claims. Chao has been investigated...more

Joint Employment Finding Leads to Unexpected $3 Million Liability in Hospital Malpractice Case

When Washington Hospital obtained an insurance policy in 2003 to cover medical claims arising from acts by its employees, its insurer probably did not consider whether hospital employees included workers supplied by a...more

Chiropractic Stroke: Informed Consent [Video]

Medical malpractice attorney, Brandon Thompson, discusses informed consent as it relates to chiropractic treatment and the risk of stroke....more

Operating Room Fires: Surgical Fire Malpractice Information [Video]

Medical malpractice attorney, Brandon Thompson, discusses operating room fires and how they can and should be prevented....more

Failure to Diagnose: Time is of the Essence [Video]

Medical malpractice attorney, Peter Schmit, discusses the role of timeliness in obtaining a proper diagnosis....more

Medical Malpractice Law: Orthopedic Malpractice [Video]

Medical malpractice attorney, Chris Messerly, explains what types of injuries can be caused by orthopedic malpractice and the appropriate standard of care....more

The Doctor May NOT Be In!

Traditionally, parents encouraged the next generation to seek careers as doctors or lawyers – not only the most prestigious but also, at that time, the most lucrative. However, in today’s world, particularly from the...more

Chiropractic Strokes: How Do They Happen [Video]

Medical malpractice attorney, Brandon Thompson, explains the small risk of stroke associated with chiropractic treatment and how it happens....more

Drive to Raise Malpractice Cap in California Continues

In 1975, California passed the Medical Injury Compensation Reform Act (MICRA). MICRA limits the amount of money a plaintiff can be awarded for pain and suffering associated with injury through medical malpractice. But more...more

MICRA's Big Deception

Michael Newman authored an op-ed for the May 29th edition of the Daily Journal to speak out against what he believes is an initiative that will deceive California voters this coming November. Newman writes that the...more

Health Alert (Australia) - May 12, 2014

In This Issue: Judgments; Legislation; and Reports. JUDGMENTS - New South Wales (NSW)- 6 May 2014 - Health Care Complaints Commission v Khalsa (No 2) [2014] NSWCATOD 47 - This was an application...more

Treating chronic pain can be risky for physicians

Opioids are the mostprescribed class of prescription medications in the United States. Physicians are the legal gatekeepers for prescription medications to treat chronic pain. Over the last 10 years, prescriptions for opioid...more

Do You Know About the Medical Malpractice Statute of Limitations in California?

Barry P. Goldberg, is called regularly about every kind of medical malpractice imaginable. Some of the first questions asked in those calls concern whether the potential claim is timely or possibly barred by the statute of...more

Florida Supreme Court Strikes Down Wrongful Death Non-Economic Damages Cap for Med Mal Cases

On March 13, 2014, the Florida Supreme Court, in a 5-2 ruling, issued its long-awaited opinion following review of the Eleventh Circuit Court of Appeal’s decision in Estate of McCall v. United States, 642 F.3d 944 (11th Cir....more

Medical Malpractice: Common Terms and Definitions

Medical malpractice lawsuits can seem overwhelming. In addition to managing the emotional and physical injuries, victims and their families often have to contend with a dizzying mix of medical and legal jargon. With this in...more

Florida Supreme Court’s Decision in McCall v. U.S:

- Determined that the statutory caps on wrongful death non-economic damages (i.e., mental pain and suffering) provided in Section 766.118, Florida Statutes were unconstitutional because they violated the right to equal...more

Federation of State Medical Boards to Vote on Telemedicine Policy

The March 20th edition of Modern Healthcare reports on a “patient centered telemedicine policy” to be voted on by the Federation of State Medical Boards (FSMB). I’ve attached links to both the article and to the FSMB model...more

Florida Supreme Court Holds Statutory Cap on Non-Economic Wrongful Death Damages in Medical Malpractice Actions Violates the...

In Estate of Michelle Evette McCall, et. al. v. United States of America, SC11-1148 (Fla. 2014), the Florida Supreme Court decided the following certified question: Does The Statutory Cap On Wrongful Death Noneconomic...more

Illinois Supreme Court Defines "Good Samaritan" in Medical Malpractice Case

Nearly every state has some variation on a "Good Samaritan" law. In Illinois, the statute says that any licensed medical professional "who, in good faith, provides emergency care without fee to a person, shall not, as a...more

Health Care Case Law Update

Health Care Authority for Baptist Health v. Davis, --- So. 3d. ----, 2013 WL 2149493 (Ala. Feb. 28, 2014). - The Supreme Court of Alabama reversed itself on re-hearing of its May 2013 opinion to affirm a judgment for a...more

Medical Malpractice at the Dentist’s Office? It Happens!

Many medical malpractice claims are filed because of an incorrect diagnosis or an improper medical procedure performed by a physician. However, malpractice is not exclusive to medical doctors in California. Things can go...more

Appeals Court Affirms Jury Verdict against Orthopedic Surgeons Society

An orthopedic surgeon who fought back and won a court case after the society of orthopedic surgeons slammed him for testifying that another surgeon had committed malpractice has now won an appeal of the legal case....more

Redressing Medical Malpractice Injuries

When you head to a hospital, doctor’s office, or operating room, you expect to get flawless assistance from an expert in the field of healthcare. As medical patients, we are often quick to place complete trust in the hands of...more

Court Invalidates Exception to Tolling Provision for Medical Malpractice Cases Brought by Minors

In Schroeder v. Weighall, 2014 WL 172665 (Wa., Jan. 16, 2014), the Washington Supreme Court invalidated another portion of Washington’s medical malpractice reform legislation. Specifically, the court invalidated RCW...more

Medical Malpractice Liability: Kazakhstan Law and Practice

Liability for medical malpractice in Kazakhstan remains poorly regulated. The Kazakhstan healthcare system has recently undergone a crucial transformation, with pending reforms designed to improve the quality of...more

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