Medical Malpractice

Tennessee Court of Appeals issues new opinion on “Locality Rule”

Oct 12th, 2009 | By Ed Wallis | Category: Medical Malpractice

The Tennessee Court of Appeals issued a new opinion in Plunkett v. Bradley-Polk, OB/GYN Serv’s, P.C. - you can download a copy of the opinion by clicking [HERE].
In Plunkett, the plaintiff relied upon a skilled physician to deliver expert testimony that the defendants failed to comply with the applicable standard of care. Although the defendants [...]



American Association for Justice comments on medical malpractice insurance profits

Oct 6th, 2009 | By Ed Wallis | Category: Medical Malpractice

For Immediate Release: October 6, 2009
Contact: Ray De Lorenzi, American Association for Justice
202-965-3500 x369
AAJ Press Room
Medical Malpractice Insurers Earning More Than Ever
10 biggest malpractice insurers have average profits higher than 99% of Fortune 500 companies
Washington, DC—As Congress debates nationwide health care reform, a new analysis reveals malpractice insurers have long-played a cruel hoax on legislators [...]



AAJ President: Putting trial lawyers out of business

Sep 30th, 2009 | By Ed Wallis | Category: Medical Malpractice

American Association for Justice president Anthony Tarricone has issued an OpEd at Politico:
August was quite the month in the ongoing health care saga. Death panels. Scaring seniors. Angry mobs discovering new villains to blame for the terrible health care system we find ourselves having to fix today.
And then we have the tried-and-tested scapegoat for all [...]



Tennessee Supreme Court issues new opinion on comparative fault

Sep 30th, 2009 | By Ed Wallis | Category: Civil Procedure (TN), Medical Malpractice

The Tennessee Supreme Court has ruled that a plaintiff who lost a medical malpractice case in federal court was not prevented from bringing another lawsuit against a doctor employed by the state, even though the jury in federal court assigned no fault to the non-party physician in the federal court case.
The Court held:
We have determined [...]



New Medical Malpractice Study Released

Jul 23rd, 2009 | By Ed Wallis | Category: Medical Malpractice

A new report has debunked, in a sense, several myths related to medical malpractice. The report, True Risk: Medical Liability, Malpractice Insurance and Health Care, with Principal Contributors J. Robert Hunter, Gillian Cassell-Stiga and Joanne Doroshow is dated July 22, 2009. You can read a copy of this Report by visiting [HERE].
I will post follow-up [...]



Juries Hand Down Sizeable Awards in Med-Mal Cases

Jun 26th, 2009 | By Ed Wallis | Category: Medical Malpractice

Juries in Indiana have awarded plaintiffs $1.21 million and $5 million in two medical malpractice cases, the Indianapolis Star reports. The verdicts stem from cases involving an unnecessary foot surgery and a miscommunication about X-rays which caused the plaintiff to lose a portion of her stomach. Awards of this size are rare in the state, [...]



Arizona considers more difficult medical malpractice standard

Jun 19th, 2009 | By Ed Wallis | Category: Medical Malpractice

Arizona lawmakers are set to weigh a measure that would make it more difficult for plaintiffs to recover damages in medical malpractice cases, the Arizona Daily Star reports. Under the proposed bill, plaintiffs in medical malpractice cases would be required to prove by “clear and convincing evidence’ that doctors failed to meet expected professional standards. [...]



Indiana Jury Awards Damages in Medical Malpractice Case

Jun 19th, 2009 | By Ed Wallis | Category: Medical Malpractice

An Indiana jury has ordered several Indianapolis health care providers to pay a combined $5 million to a woman who was misdiagnosed in 2000. According to the lawsuit, Clarian Health Partners, Radiologic Specialists of Indiana and Dr. Richard L. Gilmor failed to diagnose that the woman had suffered a ruptured diaphragm. The misdiagnosis led to [...]



Medical Malpractice Survivors Decry Possible Stripping of Rights

Jun 17th, 2009 | By Ed Wallis | Category: Medical Malpractice

For Release:
June 15, 2009
Contact: Joanne Doroshow or Andy Hoffman - Center for Justice & Democrary
(212) 267-2801; cell (917) 548-5263
MEDICAL MALPRACTICE SURVIVORS DECRY
POSSIBLE STRIPPING OF RIGHTS IN PRESIDENT’S HEALTH CARE PLAN
NEW YORK - Sixty-four survivors of medical malpractice from 21 states sent a
letter to President Obama today expressing extreme concern that the rights
of medical malpractice [...]



American Association for Justice responds to President Obama and Medical Malpractice Reform

Jun 17th, 2009 | By Ed Wallis | Category: Medical Malpractice

American Association for Justice (AAJ) President Les Weisbrod discussed President Obama’s healthcare plan on CNBC Reports with Dennis Kneale.  Weisbrod details how patient safety must be a top priority in health care reform, but that limiting the legal rights of patients will do nothing to lower health care costs or aid the uninsured.  You can [...]