Medical Malpractice
In Texas, No Justice For The Injured
The folks at Texas Watch have put together this great story on Texas’s medical malpractice reform.
Read MorePERSONAL INJURY: Make The Most Of Your Doctor's Appointments
For whatever reason, people get intimidated when going to doctor’s offices and they forget to tell their doctors about all of their issues, they’re unwilling to ask follow-up questions, or they’re flustered and forget what the doctor says. This is a threat to your health, but if you’re a personal injury victim, it also has…
Read MoreParadise Lost: Tort Reform Goes International
I love white sand and blue water. For example, I’m sitting in my office, and I have 11 pictures on my desk & bookshelf. Five of those eleven pictures are of my wife and I or my kids on various white sand/blue water beaches. A sixth is a post card that says “Peace. Love. Sandy…
Read MoreWrong Site, Wrong Person, Wrong Procedure Problems Continue
I’m fascinated by the phenomenon of surgeons performing the wrong procedures. It doesn’t make sense that a doctor would ever perform a surgery on the wrong site/body part, perform the wrong procedure on a patient, or perform a procedure on the wrong person. And yet, it happens over and over again. I’ve written extensively on…
Read MoreAAJ: Litigation Helps Stop Nursing Home Abuse
The American Association of Justice (AAJ) has released a new report finding that the civil justice system is the most effective means to combat abuses by nursing homes and insurance companies that target elderly Americans. Now, as a member of the AAJ, I feel free in saying that it might have the potential to be…
Read MoreWrongful Testicle Removal Prompts Lawsuit
Having a testicle biopsy is one thing. Waking up to find the testicle surgically removed is another. This case is a difficult one and one that the plaintiff never dreamed would ever happen. The story unfolded fairly quietly to begin with when 23-year-old Karl Ruby (names have been changed to protect the victim and their…
Read MoreWhy Should A Bad Driver, A Dangerous Doctor, Or An Unsafe Employer Get A Benefit From Your Health Insurance?
A recent Ohio Supreme Court decision allows defendants in personal injury cases to introduce evidence that the plaintiff’s medical providers “wrote off” charges for the plaintiff’s care. Most health insurance companies have agreements with medical providers that the medical providers will accept a reduced amount as payment in full for procedures. For example, in the…
Read MoreShould Texas Be The Model For Medical Malpractice Reform?
In the last few months, opponents of health care reform have insisted that one key to lowering health care costs is the adoption of “tort reform” by capping the damages that can be recovered in medical malpractice cases. For some time now, I’ve been urging people to look at the Texas medical malpractice “experiment” to…
Read MoreTexas Medical Malpractice Reform and More Docs, part 2
Last week we posted about the New York Times article on the alleged influx of doctors as a result of Texas’s medical malpractice reform. Since then, the New York Personal Injury Blog has chimed in (with interesting stats that we wish we had thought to look for), and Bill Childs Torts Profs’ Blog has posted…
Read MoreMedical Malpractice: Avoid Unnecessary Surgeries
One of the byproducts of the national healthcare debate has been an increasing awareness that medical costs are high, at least in part, because of unnecessary surgeries, tests, and other procedures that have been ordered to simply line the pockets of the providers. Recently, our office has received inquiries relating to unnecessary procedures, including unnecessary…
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