Hundreds of Thousands Killed by Medical Malpractice Study after study–by the National Academy of Science’s Institute of Medicine, the National Institute of Health, major medical schools and others, have concluded that hundreds of thousands of people die every year in this country because of medical malpractice. Hundreds of thousands, probably millions, more Americans are injured …
The first time I speak to any medical malpractice client, we always go over the facts of their case and sometimes discuss medical malpractice law as well. At the end of the conference, if we decide to take the case, the clients always have 3 questions: The answers to these questions at the very beginning …
Three Questions All New Medical Malpractice Clients Ask Read More »
The most basic duty that any doctor has is to listen and pay attention to you. If they don’t listen, and don’t take the time to perform a thorough examination, they will never get the information they need to actually help you. A doctor who doesn’t listen to your symptoms of chest pain isn’t going …
More Patients Seen in Less Time is Profitable–and Dangerous Read More »
When you go to the doctor, the very first thing that happens is you fill out a form saying what’s wrong with you. Then you go to an “exam room” where the doctor sees you–and the first thing the doctor does is to ask you what’s wrong with you–why you are there. Doctors call this …
The First Duty: When Doctors Don’t Listen to Patients Read More »
“Consent Forms” and Patient’s Rights Those of you who have been to a hospital lately have most likely signed a “consent” form, although you probably did not read it closely and it was presented to you with a bunch of other papers to sign by some clerk or possibly a nurse who was in a …
As a lawyer who has been on both sides of medical malpractice suits for over thirtyy years, it is interesting to hear people talk about the cost of “defensive medicine”. You’ve heard about this: it is the argument that says that doctors order “many unnecessary tests” solely to be able to defend themselves in case …
The Big Lie About “Capping” Damages That Injured People Can Recover One of the big lies that insurance companies and business lobbying groups tell is that jury verdicts affect costs to consumers. This has been disproven over and over again, but when these insurance companies and lobbyists want consumers to sell their own rights to …
Damage Caps Help Nobody Except Insurance Companies Read More »
Many personal injury cases–and every medical malpractice case–requires hundreds of hours of attorney time and tens of thousands of dollars of investment in expenses such as filing fees, court reporters, expert and consulting fees, and medical exhibits. Very few people could afford to pursue such a case if they had to pay their attorneys and …
As you can imagine, lawyers like me who routinely handle medical malpractice cases can be pretty nervous when it comes time to need medical care ourselves. This point was driven home to me in last six months when I needed separate surgeries on my knee and my shoulder during the pandemic. Like everyone else, I …
In analyzing whether you have a good medical malpractice case, we’ll look at three issues: 1. Did the Doctor Make an Inexcusable Mistake? It is not enough in a medical malpractice case to prove that a doctor made a mistake. Some mistakes are excusable and are not medical malpractice. For example, during a surgery, a doctor may …
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