Category Archives: Medical Malpractice

Family That Claims L.A. Hospital Froze Woman Alive Can Sue


Want some nightmares tonight? Read this from the Los Angeles Times: The family of a woman who may have been prematurely declared dead, awoke in the hospital’s freezer and struggled before ultimately freezing to death can go forward with a lawsuit against the hospital, an appellate court has ruled. Maria de Jesus Arroyo, 80, was pronounced […]

How to Know if You’ve Been a Victim of Medical Malpractice


This article is from Emma Sturgis, a freelance writer living in Boston. She writes on a variety of topics, including politics and law. When not at her computer, she enjoys film noir and rock climbing. Cases of malpractice aren’t always cut and dried. Sometimes you receive care that borders on negligent, and this can leave you […]

Florida Supreme Court Tosses Caps on Wrongful Death Medical Malpractice Awards


Texas victims of medical malpractice desperately need this to happen in our state. I’m not holding my breath though. Our Supreme Court cares much more for doctors and hospitals than for innocent patients. The AP reports that yesterday in a 5-2 decision, the Florida Supreme Court declared as unconstitutional “caps placed on how much money people can […]

Civil Justice System is a Safeguard Against Lax Physician Oversight


In a letter to the editor of USA Today, American Association for Justice President Burton LeBlanc writes, “The civil justice system provides a key incentive for corporations to act responsibly and prioritize safety from the start. Among many things, our environment is cleaner and our medicine cabinets are safer thanks to individuals and their attorneys who […]

Lawsuits Blame Lack of Training for Injuries from Intuitive Surgical Robots


In a nearly 2,400-word article titled “Intuitive Robosurgery Training Seen Lacking in Lawsuits,” Bloomberg News reports, “Intuitive Surgical Inc. (ISRG), the maker of surgical robots used in 367,000 US operations last year, is facing accusations in lawsuits that it put patients at risk by marketing the machinery to doctors without providing adequate training.” Currently, “no universally accepted […]

Review: Most Malpractice Claims Caused by Medication Errors, Missed Diagnoses


HealthDay reports, “Most malpractice claims against primary care doctors are the result of drug errors and missed diagnoses, particularly of cancer, heart attack and meningitis,” according to a review published online in the journal BMJ Open. After analyzing 34 studies, researchers found that “the most common consequence of missed diagnoses in malpractice claims was death, which […]

Four Common Accident and Personal Injury Claims


In keeping with my fascination with personal injury laws in other countries, this guest post is from Injuries aren’t really a topic you think much about, until you’re affected by one. Sometimes you’re just in the wrong place at the wrong time, and you end up in an accident that wasn’t your fault. Unfortunately this […]

Interns Report More Hospital Errors Due to Shorter Doctor Shifts


ABC World News reported, “There are as many 98,000 deaths each year from mistakes made in America’s hospitals. Some of the blame – exhausted doctors. But the new studies are raising questions about the fix. Interns today report making more mistakes than they did when the shifts were longer and they had less sleep. One […]

Do Physicians Practice Defensive Medicine Just to Increase Their Incomes?


In a special piece for Bloomberg News, attorney Steve Cohen writes, “Tort reformers blame the prospect of malpractice suits for the proliferation of ‘defensive medicine’ and thus higher” overall healthcare costs. Physicians, it is argued, “prescribe costly tests that patients don’t need in order to protect themselves against suits.” But, Cohen contends, extensive studies, including research […]

Three Common Types of Medical Negligence


Here is a view from Great Britain of medical malpractice. The thought of having to go for an operation or medical procedure is a daunting one, however, the vast majority of medical professionals are extremely talented and therefore can be trusted to get things right. Unfortunately though, we also hear of cases where things haven’t […]

Study: No Link Between Tort Reform and Reduced Defensive Medicine


The Insurance Journal reports that a study in the August Health Affairs “found no consistent relationships” between “physicians’ level of malpractice concern with objective state-level indicators of malpractice liability risk.” Instead, “physicians’ perception of their risk…predicts their practice of defensive medicine,” suggesting “that traditional malpractice reforms, such as caps on damages, don’t change how physicians practice.” Unlike […]

Stunning News On Preventable Deaths In Hospitals


This recent study showing that preventable deaths in hospitals may be far higher than previously expected is shocking. Perhaps if Texas citizens had this information ten years ago we would not have passed a constitutional amendment that, for all practical purposes, makes doctors and hospitals almost immune from medical malpractice claims. The study was detailed […]

Nursing Home Abuse: The Off-Label Use of Antipsychotics on Residents


This is a guest post by Rommel John, who writes anything about the law for Baily & Partners located in Santa Monica, California. In nursing homes, it’s all-too-common for residents to be given off-label antipsychotic medications in order to sedate them or calm them down when they’re agitated.  People with dementia are particularly vulnerable to […]

Governor Perry Ignores Facts About Impact of Medical Liability Restrictions


The consumer group Texas Watch recently ran an article about medical malpractice “tort reform” and how the actual effects of that law have been distorted by certain politicians. Here are excerpts: Gov. Rick Perry is holding a press conference touting what his press office calls the “landmark medical malpractice legal reforms” passed a decade ago. […]

Anatomy of a Tragedy — One Terrible Result of Texas’ Weak Physician Regulatory System


“Dr. Christopher Duntsch’s patients ended up maimed and dead, but the real tragedy is that the Texas Medical Board couldn’t stop him.” That was the sub-headline of a recent article about the weak system of physician oversight in Texas as published in the Texas Observer newspaper. Please read the entire article. Here are the opening […]

Steps To Starting A Medical Malpractice Claim


This guest post was written by Joshua Rodriguez, an avid personal finance and legal journalist. Much of the information found in this article was provided by attorney Allen Hammontree of Goddard Hammontree & Bolding, LLC. in Dalton GA. When we as consumers think of doctors, we often think of highly educated, professional individuals that are here to […]

Hospitals Can Profit From Their Own Mistakes, Texas Health Resources Surgery Study Shows


Here’s a real problem — the more mistakes a hospital makes, the more money they get. What a crazy system. Excerpts from an article in the Dallas Morning News: Hospitals generate higher operating profit margins from most surgery patients who experience preventable complications than from those who don’t, according to a study to be published […]

Pills Tracked From Doctor to Patient to Aid Drug Marketing


This is just wrong — drug companies are apparently keeping records on each of us to find out what medications we’re taking and which doctors are prescribing those medications. The implication is that if the doctor doesn’t prescribe enough medicine for us the drug makers may have a talk with the doctor. This situation was […]

Nurse Understaffing Results in Higher Patient Death Risk


This guest post is from Ms. Katherine Laramie, a freelance writer who lives in Orlando, Florida. In 2000, there were 2.4 million deaths in the United States as reported by the National Center for Health Statistics. But in 2010 there were 2.5 million. According to the CDC, about one-third of these deaths occurred in short-stay, general hospitals. […]

New Study: Tort Reform Has Not Reduced Health Care Costs in Texas


More than a decade ago thousands of consumer lawyers in Texas spent countless hours and a huge amount of money trying to warn voters that the “tort reform” bill passed by the legislature would NOT reduce medical costs but would only reduce patients’ rights. Study after study has confirmed our position. Now one more has […]