Category Archives: Medical Malpractice
Common Signs of Nursing Home Neglect
Many organizations combine nursing home abuse and neglect into a single category, and oftentimes an incident involving one can also involve the other. However, nursing home neglect is different than abuse and involves some level of negligence or substandard care that results in harm to an elderly patient. There are many types of nursing… Read More »
Concierge Medical Services Company Found Liable for Malpractice
The concierge medical services company, MDVIP, contracts with doctors and medical professionals across the country to provide concierge medical services to patients. The company was recently ordered by a court in Florida to pay more than $8.5 million to the family of a deceased woman who used their services for medical care. Jurors found… Read More »
Doctor’s Worry over BMW Led to Boy’s Cerebral Palsy
Jordan MacDonald, 16, was born with cerebral palsy. He cannot walk by himself and has the intellectual capacity of a two-year-old child. His parents, Melissa and Robert MacDonald, have filed a lawsuit on Jordan’s behalf against the Boca Raton doctor who delivered him because they claim that his negligence led to their son’s brain… Read More »
Report Released on Anesthesia-Related Medical Malpractice Claims
A study was released by the Journal of Healthcare Risk Management that focused on closed anesthesia medical malpractice claims experienced by one of the country’s largest physician owned, medical malpractice insurance companies. It looked at a variety of factors, including the types of medical malpractice claims made, the types of medical facilities where the… Read More »
Appeals Court Won’t Reconsider Cruise Medical Malpractice Ruling
A federal appeals court has refused to reconsider an earlier decision that opened the door for medical malpractice cases to be filed against cruise lines for accidents that happen to their passengers. The 11th U.S. Circuit Court of Appeals unanimously rejected an application by the Royal Caribbean Cruise Line last week asking to revisit… Read More »
Choosing the Right Cause of Action in Medical Practice Claims
As every good attorney knows, the facts of many cases can support multiple causes of action (or, said somewhat more colloquially, theories of relief). The choice of an appropriate cause of action is important. It determines, most vitally, exactly what elements need to be proved in order to prevail. Sometimes the evidence will be… Read More »
Delivering Tough Truths: Avoiding Losing on Appeal in Medical Malpractice Cases
One of the most difficult aspects of any lawyer’s career is having the courage to tell a client with sympathetic facts that he or she has no case. That is what the lawyers in the 2013 case of Shartz v. Miulli should have done — deliver the tough truth. What follows is a tragic… Read More »
A Medical Malpractice Victory
In a medical malpractice case, sometimes the attorneys for the victim do such a good job that defense counsel appeals just for the sake of appealing—out of spite, as it were. Recent Example In the case of Philippon v. Shreffler, the victim of malpractice by a novice surgeon was awarded $2.15 million for her… Read More »
The Dangers of Hospital Paperwork: Navigating Arbitration of Medical Malpractice Claims
Upon arriving at the hospital during a medical emergency, we are, all too often, confronted with a veritable mountain of paperwork. At a time when the well-being of our loved ones (not the niceties of medical billing) are at the forefront of our minds, hospital administrators ask us to sign forms that we scarcely… Read More »
The “Respectable Minority” Defense and Unorthodox Medical Treatments
If you elect to use a new or experimental medical treatment—one accepted, say, by a growing minority of doctors—and something goes wrong, can you sue for malpractice? Perhaps the experimental treatment fails where a more conventional one would have succeeded. Perhaps the physician trying the experimental procedure is somewhat unfamiliar with its details and… Read More »
