It may difficult for a patient to bring a medical malpractice claim against a hospital or a physician. There are many elements that do not always favor an ailing patient, including the lack of money available to properly investigate the claim, the ambivalence in the justice system because of how…
In a prior post we highlighted the failed legislative initiative in California to overturn the state’s cap on non-economic damages in medical malpractice cases. The current law, which was enacted by the legislature in 1975, limits the amount of money plaintiffs in med mal cases may be awarded by a…
Today’s modern mega cruise ships are engineering marvels. They include elaborate boulevards that resemble actual city blocks and shopping malls. They have multiple signature restaurants, waterslides, ice skating rinks and even rock climbing walls. They also have state-of-the-art medical facilities to handle people who become sick or injured in the…
In our prior post, we talked about how caps on non-economic damages could be harmful to medical malpractice plaintiffs, in that they may not compensate injuries that involve a great deal of pain and suffering or long-term emotional injuries. With these scenarios possible when medical negligence mars procedures involving reproductive…
In a prior post, we highlighted the breaches in procedure and improper actions taken by physicians that led to Joan Rivers’ death. Essentially, there were critical errors that if they were abated, could have saved Rivers’ life. While the Rivers’ case appears to be a straightforward case of negligence, many…
As a patient, you may not be as concerned with certifications as a physician might be; but perhaps you should. Indeed, doctors may believe that certifications are an important measure for keeping abreast of the latest recommendations and best practices for a particular field. When doctors are into continuing education,…
Indeed, physicians have difficult jobs where there may be times where they must make split second decisions that can have critical implications on patients’ lives. This is why they go through extensive training in order to properly diagnose illnesses and injuries and to make care recommendations accordingly. Despite the difficult…
There is a notion in the medical community that over-testing and over-treatment of patients (i.e. defensive medicine) is practiced in order to limit the risk of future medical malpractice cases. While there may be some truth to this notion, a recent publication in The BMJ suggests that the overall culture…
Nearly a year after DePuy Orthopaedics settled what was one of the largest hip replacement recall lawsuits, it appears that another similar settlement is in the works. According to a recent New York Times report, Stryker, a Michigan based artificial hip implant provider, will settle the lawsuit against it brought…
Like the saying, “the person who represents himself in court has a fool for a client,” physicians are not immune from the type of foolishness that comes with avoiding their own advice. According a recent Time.com report, doctors are notorious for being the worst patients. Specifically, doctors are known for…