Wednesday, December 12, 2007
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Monday, December 10, 2007
Saturday, November 24, 2007
"But the physician's assistant who saw her failed to make that diagnosis or to prescribe antibiotics. Instead, according to [the patient's] attorney, his client received a prescription for steroids, was told to undergo additional testing and return in a week.See article online.
But just five days later, she developed stroke-like symptoms, including facial drooping and disorientation, said one of her attorneys, Stephen Del Sole."
Attorney for the plaintiff Suzanne McDonough said that:
"the lawsuit, filed in 2002, arose from the June 6, 1999, death of .... the mother of an 11-year-old daughter, who went into Lowell General Hospital a few weeks earlier on May 13 to remove an ovarian cyst. But while in the hospital, Edwards developed pneumonia.
McDonough alleges that at trial, the attorneys representing the doctors argued that the ovarian problems were making the pneumonia worse, so surgery was necessary even though Edwards had not been a candidate for surgery five days earlier."
She further comments in the article: "The jury found that both doctors were negligent and their negligence caused Edwards' death." The jury awarded $2 million to the daughter of the deceased, and $500,000 to the estate. Boston attorney Andrew Meyer who also represented the family said, "This was a big verdict," and with interest, the verdict could rise to $4.1 million, he said."
See full account here.
Wednesday, November 14, 2007
"Cook County Circuit Judge Diane Larsen decided that caps on malpractice awards violated the Illinois Constitution's "separation of powers" clause, in effect ruling that the legislature can't interfere with the right of juries and judges to determine fair damages. Her ruling falls in line with a 1997 Illinois Supreme Court decision that overturned a 1995 law implementing caps on personal-injury cases."This one's not over though, defense lawyers will appeal the decision, which sends it on to the state Supreme Court.
Friday, November 2, 2007
"Massachusetts: The Massachusetts Medical Society has asked state lawmakers to pass a bill sponsored by state Sen. Robert O'Leary (D) under which plaintiffs could not use statements of guilt or admissions of error by physicians as evidence in malpractice lawsuits, the Boston Globe reports. In addition to that bill, state Sen. Richard Moore (D) has introduced legislation that would create a "Health Apology Pilot Program"" with similar provisions. Go to article...
"Pennsylvania: The amount of claims paid by the state Medical Care Availability and Reduction of Error, or MCARE, fund will decrease for a fourth consecutive year to $191 million, about a 50% decrease from 2003, Gov. Ed Rendell (D) said last week, the Pittsburgh Tribune-Review reports." Go to article...
"Washington state: A state malpractice law enacted last year prevents public disclosure of reports of medical errors by individual hospitals, according to a legal opinion sent last week by the state Office of the Attorney General to the state Department of Health, the Seattle Times reports." Go to article...
Tuesday, October 30, 2007
"In interviews that our group conducted for a documentary film, patients and families that had been affected by medical error illuminated a number of themes. Three of these themes have been all but absent from the literature. First, though it is well recognized that clinicians feel guilty after medical mistakes, family members often have similar or even stronger feelings of guilt. Second, patients and their families may fear further harm, including retribution from health care workers, if they express their feelings or even ask about mistakes they perceive. And third, clinicians may turn away from patients who have been harmed, isolating them just when they are most in need."Link to the entire article at NEJM: Guilty, Afraid, and Alone — Struggling with Medical Error
Sunday, October 28, 2007
A few facts:
"Mr. Rendell, a Democrat who has vocally opposed Republican-led efforts to cap damage awards and lawyers' contingency fees in medical liability cases told reporters and health care experts at the College of Physicians of Philadelphia that a number of policy changes made since 2002 have contributed to a decline in medical malpractice litigation in the state.Read entire article here.
Such lawsuits contribute to the cost of business for physicians who pay hefty premiums for medical malpractice insurance. Doctors in Pennsylvania must have at least $1 million in malpractice coverage."
The Houston Chronicle has article on the same topic and provides some dollar amounts.
Gov: Pa. Medical Malpractice Costs Drop
AUBURN, Maine — A jury Thursday awarded nearly $8 million to a brain-damaged 5-year-old boy and his mother in their medical malpractice lawsuit against a Lewiston hospital and one of its midwives. It is believed to be the largest malpractice award ever handed down in Androscoggin County Superior Court. Read full article here...
Tuesday, October 16, 2007
"In what appears to be the largest reported medical malpractice jury verdict of 2007, the jury found two doctors liable for the child’s condition, but a nurse defendant was found not negligent."See also: Boston Herald's Doctors must pay $26.5M in baby malpractice case.
The largest medical malpractice verdict in Massachusetts remains a 2005 case also involving a baby's brain damage after a traumatic delivery — $40 million.
Monday, October 15, 2007
"Medical malpractice screening panels were developed in the 1970s in response to complaints that claims were driving up insurance rates, forcing some doctors to give up their practices. Supporters hoped the panels would help contain costs by screening out weak cases and resolving the rest as early and inexpensively as possible.Related links provided by the article include:2005 NH law
New Hampshire set up screening panels in 2005 based on a 1987 Maine law."
Another view on the same story offered by Maine's Portland Herald: N.H. law backfires, slows malpractice suits. The law, based on one in Maine aimed at lowering malpractice rates, is having growing pains, supporters say. Break: Social Security Disability Claims Lawyer
To access Kaiser Daily Reports on medical malpractice related issues, bookmark: Medical Malpractice Spotlight for headlines such as:
Thursday, October 4, 2007
$16 Million Jury Award for Heart Attack Death Among Largest Medical Malpractice Verdicts in Connecticut
Defendants, the Stamford Medical Group, were accused of "failing to diagnose and treat his cardiac disease." The award is believed to be one of the largest wrongful death verdicts in state history. Read entire article here.
Thursday, September 20, 2007
Link to the site at www.statehealthfacts.org.
Monday, September 10, 2007
The article (At 2-year anniversary, Illinois' malpractice law nears first court challenge) states, "Later this month, the law will be tested before a Cook County judge. The question before the court will be whether caps on the damages for pain and suffering in a malpractice lawsuit are constitutional."
All eyes will be on Chicago lawyer, Jeffrey Goldberg, who will challenge the caps "on behalf of an infant who was born with severe brain damage. Goldberg alleges a botched delivery and argues the caps simply don't allow a jury to award enough money." Read full story...
Here is a link where you can listen to an NPR segment on the case and related tort reform in Illinois (from February).
Monday, September 3, 2007
According to this report by Michael Booth or the New Jersey Law Journal,
"The court had refused to permit the New Jersey Hospital Association to join the case as amicus. The association had sought to argue that the $50 million pain-and-suffering component would set a dangerous benchmark and threaten hospitals' finances. ...Instead, the three-judge panel chose to confine its analysis to the facts at hand, finding that courts should not interfere with a jury award unless it was shocking."Read more here...
Sunday, August 19, 2007
"...the culture of secrecy in medicine is beginning to change, as leading patient safety organizations call for fuller disclosure of medical errors and some trend-setting hospitals decide an "honesty is best" policy will improve care..."
Read the rest here.
Thursday, August 9, 2007
In Texas, the Houston Chronicle reports Malpractice work shrinks after law tightens standards.
Since the 2003 law added requirements that made medical malpractice cases harder and more expensive to prove and less lucrative if won, the numbers of such suits filed in Harris County courts has been cut in half.In Chicago, this week, via the Chicago Daily Herald, "One of the longest-running medical malpractice cases in Kane County came to an end when a jury took less than three hours to reject negligence claims." The lawsuit, filed in early 1997, was tried before a Judge for nearly two weeks and involved a 65-year-old woman who died while in the hospital for a bout with diarrhea, anemia and dehydration. Break: Social security disability claims...
Insurance premiums for doctors and hospitals have dropped 21.3 percent statewide, according to the Texas Department of Insurance, and a flood of physicians into the state has created a licensing backlog.
But some lawyers, injured folks and political activists are still alarmed.
"When you take accountability out of the system, what you do is encourage unqualified doctors to come to a place where they can practice without worry," Houston medical malpractice lawyer Jim Perdue Jr. said.
State records show, for example, that a doctor who lost her license in Virginia and New Mexico was granted a restricted license in Texas.
Sunday, July 29, 2007
As stated in the previous post, medical malpractice lawsuits are often difficult for plaintiffs to win. Such was the outcome of the medical malpractice lawsuit filed by Charlie Weis, former offensive coordinator of the New England Patriots and current head football coach at Notre Dame.In the Boston Globe article, Jurors reject malpractice claim by football coach, the writer reports, that according to a 2005 study, the "Harvard School of Public Health found that fewer than 1 in 15 of the more than 750,000 patients who suffer injuries in hospitals each year ever file lawsuits, and only about a quarter of patients who sue ever receive money."
Tuesday, July 10, 2007
See more studies on medical malpractice from PublicCitizen.org.
Sunday, July 8, 2007
In California, a jury awards $11 million to a 45-year-old man who suffered a stroke because doctors failed to treat an infection that spread to his brain...
Two years after a high-profile battle over medical malpractice costs in Illinois, state lawmakers again are debating the complex and issue of medical lawsuit reform...
In Nashville, TN, a proposal to limit medical malpractice lawsuits advanced Tuesday out of the House subcommittee where it faced its biggest challenge for passage. ...
In Pennsylvania, 0pponents of efforts to limit pain-and-suffering awards in medical malpractice lawsuits said Wednesday the study refutes claims that insurance costs have had an impact on doctor supply...
Friday, July 6, 2007
Sunday, July 1, 2007
Looking for a medical malpractice lawyer in NH? MA? RI? Click through below:
Medical Malpractice Lawyer NH
Medical Malpractice Lawyer MA
Medical Malpractice Lawyer RI
Malpractice Lawyer Boston
Tuesday, June 26, 2007
"A Philadelphia jury has awarded $30 million — the largest verdict seen in the 1st Judicial District in years — to the family of a 5-year-old South Jersey boy whose severe cognitive and developmental deficiencies were alleged to have resulted from the misadministration of a blood-clot-busting medication.""... the actual disposition amount in Keenan v. CHOP is officially under wraps, as the parties reached a confidential high-low agreement shortly after the jury began its five-day-long deliberations." Read in-depth article here.