Medical Malpractice Attorneys Reveal Truth About Tort Reform Supporters

Reform of the medical malpractice tort system is probably something you've heard a great deal about recently. It seems that there are people who believe that the way in which injured victims of medical malpractice and negligence are compensated in this country is sufficiently flawed. These supporters propose caps on damages and harder restrictions on what constitutes medical malpractice. So it's no surprise that these supporters include medical providers of all sorts, insurance companies, and pharmaceutical giants. House Bill to Reform Medical Malpractice Litigation Two nights before President Obama's State of the Union Address, … [Read more...]

Medical Malpractice Caps in California Prevent Parents from Receiving Answers

Mr. and Mrs. Cull lost their daughter to medical malpractice during a routine surgery and spent the last two years trying to find out why, still unsure if they actually know what happened in the operating room that fateful day. Olivia Cull Dies After Routine Procedure Olivia Cull underwent surgery as a baby that left one side of her heart smaller than the other. She lived her life this way, until she was a senior in high school. Doctors wanted to install a catheter in her heart to prep for the final surgery that would correct the small side of her heart. She was nervous, but her mother reassured her that the catheterization procedure … [Read more...]

Medical Malpractice Lawyers Find Fault in Texas Tort Reform

In 2003, Texas government passed tort reform legislation regarding medical malpractice lawsuits within the state. The new legislation capped medical malpractice payouts at $250,000 per provider, with a maximum of $750,000 all together. It also stated that in order for emergency room physicians to be responsible for civil damages, they would have to act with "willful and wanton" negligence. In other words, they have to purposefully and knowingly put their patients' lives in danger. A San Antonio medical malpractice lawyer, Jon Powell, commented on the "willful and wanton" standard, saying: You’d have to be a Nazi death camp guard to … [Read more...]

Medical Malpractice Caps Proposed in Florida

A legislative proposal made in Florida last week suggests a cap on payments made to patients who are insured by medicare and injured by medical malpractice. The cap would be $100,000 and has been referred to by many as "immunity" for negligent doctors. Medical Malpractice Attorneys Protect Medicare Patients The proposed legislation would deem doctors treating medicare patients "agents of the state," awarding the same damage capping immunity that all Florida state employees get. But a cap that only affects the recoveries of Medicare insured patients is unconstitutional, as it makes them lesser persons, unworthy of the same compensation as … [Read more...]

A Medical Malpractice Case in Ohio

Keith Theobald was a healthy and fit father of two, until an elderly driver clipped the back of his pick up truck and sent Keith and his car flying over 4 lanes of traffic and into a patch of standing trees. EMT’s quickly arrived at the crash site and found Keith hanging upside down in a tree. He was paralyzed from the chest down. In the hospital, Keith was alert and still had the use of his arms. He and his wife came to terms with his new condition, and were looking ahead to a difficult, but fulfilling life. Keith’s doctors told him that an operation might be able to improve his condition, so Keith underwent the surgery. Keith woke up from … [Read more...]