The law recognizes a spouse’s right to the love, company, affection (including sexual) and service of the other spouse and this is referred to as “consortium”. Unfortunately, in many medical malpractice cases, due to serious injury or death, one spouse may lose the consortium of the one they love. Medical malpractice attorneys will often seek compensation for this loss as part of the damages that a jury awards at the conclusion of a trial. The Loss of a Loved One Due to Medical Malpractice This category of the law has spread in recent years and in different jurisdictions across the United States, other individuals have been able to … [Read more...]
Medical Malpractice Attorneys: Tennessee Moves to Damages Cap
10/19/2011 By Leave a Comment
Insurers in the state of Tennessee who cover healthcare providers will not be paying out less money in medical malpractice suits. Tennessee passed new laws earlier this month which put into place caps and limitations on malpractice awards and also stated that insurers will not longer be liable under the consumer protection laws. Medical malpractice attorneys will now be faced with the uphill battle of fighting for the proper compensation for clients within the limited amounts allowed by law. Non-Economic, Punitive, and Catastrophic Damages All Capped Governor Bill Haslam made no secrets about his agenda to considerably limit the civil … [Read more...]
Medical Malpractice Attorneys: Spine Surgeons Susceptible to Lawsuits
10/17/2011 By Leave a Comment
When surgeons unintentionally operate on the wrong level of the spine, many patients file lawsuits. Lawyers have found that this is the second most common type of medical negligence behind only OB/GYN physicians. Medical malpractice attorneys point to the case of Douglas and Brenda Ray. vs. Mignucci, from 2004 in Texas. That jury awarded the plaintiffs $134,000 when the surgeon operated on the wrong disc. Ray v. Mignucci- A Common Occurrence In that case, Doctor Luis Mignucci accidentally removed the T5-T6 thoracic spinal disc instead of the T6-T7 disc. The doctor blamed his mistake on the MRI image which he claimed was unclear, as well … [Read more...]
Medical Malpractice Attorneys Continue Discussion About Tort Reform
10/11/2011 By Leave a Comment
Patients and doctors have a special relationship and there is a certain element of trust. Patients trust their doctors to perform the proper tests and procedures in order to provide adequate and reasonable healthcare. Many people believe that tort reform is necessary to lower the potential healthcare costs, but medical malpractice attorneys fear that reducing the amount of compensation due to plaintiffs in some cases may be putting too much trust in these doctors. Sure, healthcare costs are exceedingly high in this country. However, by reducing medical malpractice awards through a cap system, people may be forgetting that there is a human … [Read more...]
Medical Malpractice Attorneys Sue Deceased Plastic Surgeon
09/30/2011 By Leave a Comment
Judith Julian, an Arizona woman, is the most recent plaintiff to come forward and accuse a deceased surgeon of medical negligence. Medical malpractice attorneys believe that there are now approximately twenty such claims that have been filed this year. Daniel Ronel, the plastic surgeon whose estate is named in the lawsuit, recently passed away in a one-car accident in New Mexico. Julian’s claim accused the doctor of medical malpractice following her surgical debridement and abdominoplasty procedure, more commonly known as a “tummy tuck“. Julian claims that she suffered “bodily injury, physical and emotional, past and future pain and … [Read more...]
Medical Malpractice Attorneys Win Verdict, Damage Caps Destroy It
09/27/2011 By Leave a Comment
When Lisa Gourley was pregnant with twin boys, Colin and Conner, she was nothing short of ecstatic. However, when she was 36 weeks into her pregnancy, she noticed that the babies’ movements had decreased significantly. Lisa’s doctor told her not to worry about it and sent her back home as if everything was normal. Unfortunately, everything was not normal. When the twins were delivered, neither was breathing. Colin was not getting oxygen and suffered a brain injury. Medical malpractice attorneys won the family $5.6 million to cover Colin’s future medical expenses and for pain and suffering. Lawyers project that Colin will need … [Read more...]
Medical Malpractice Attorneys Try to Settle on Behalf of Bereaved Family
09/23/2011 By Leave a Comment
Michael Notarangeli is the executor of the estate of Elaine Notarangeli, a Massachusetts woman who was 72 years old when she passed away. The family urges that the delay in diagnosis and treatment of a necrotic bowel led to the woman’s death. Necrotic bowel occurs when there is a lack of blood flow to the region. The family agreed to attempt to negotiate an out of court settlement through mediation with the defendants, including Lakes Region General Hospital, as well as several other doctors. Medical malpractice attorneys generally attempt to settle cases more frequently than they take them to trial in order to provide compensation for … [Read more...]
Medical Malpractice Attorneys: Woman Lost Legs and Nearly Lost Life
09/22/2011 By Leave a Comment
Sharlee Ann Smoyer was only fifty five years old when she was the victim of medical negligence that changed her life forever. Smoyer’s medical malpractice attorneys argued that a home care nurse, who was treating Smoyer for complications associated with her Crohn’s Disease, did not report a bacteria-infected catheter while caring for the plaintiff. The infection, which became quite serious and nearly killed the 55 year-old woman, led to the amputation of both legs below the knees and a finger on the left hand. Woman Awarded $23 Million in Damage Judge Carol McGinley oversaw seven days of testimony in the case. At the conclusion of … [Read more...]
Medical Malpractice Attorneys Examine the Pros and Cons of Litigation
09/21/2011 By Leave a Comment
Recently, there has been much debate over medical malpractice lawsuits and the potential need for tort reform across the United States. Although some experts are quick to “poo-poo” medical negligence cases as attacks on medical professionals, lawyers maintain that an individual’s right to sue is part of their bigger right to compensation for losses at the hands of others. Medical malpractice attorneys will point to certain social goals that are achieved by bringing these cases, while others may counter by pointing to the increased costs, strain on the court systems, and the high prices paid by doctors for some sort of defensive … [Read more...]
Medical Malpractice Attorneys: Insurance Costs and Capped Damages
09/19/2011 By Leave a Comment
Within the recent whirlwind of tort reform debates, two topics consistently raised are the rising cost of insurance and the potential of capped damages. Victims of medical negligence, such as patients and their families, do not like the idea of capped damages because there is a possibility that capping damages could prevent victims from being fully compensated. Doctors, on the other hand, are fearful of the rising cost of insurance. This group of people will claim that if a high number of medical malpractice claims reach trial, this will force physicians to acquire more insurance which will be pushed off on to the general public, leading to … [Read more...]
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