Medical Malpractice Attorneys and the “Conspiracy of Silence”

Prior to the 1960s, medical malpractice litigation was far less prevalent in society than it is today. Everything began to change when medical malpractice attorneys were able to break the traditional “conspiracy of silence”. This led to many more tort claims and allowed injured patients to seek the compensation that they rightfully deserved. The conspiracy of silence refers to the discouraging of physicians and doctors (who today serve as expert witnesses) from testifying against other healthcare providers in malpractice or negligence lawsuits. A Change in the Protocol of Experts It was very difficult for medical malpractice attorneys to … [Read more...]

Medical Malpractice Attorneys: Jackson Litigation Just Beginning

Michael Jackson’s former doctor, Conrad Murray, was found guilty in a criminal courtroom for the death of the former pop icon. However, the litigation surrounding the death of Michael Jackson’s death is just now getting underway. Medical malpractice attorneys will now fight in civil courtrooms for money damages caused by the negligence of the doctor. The guilty verdict set down by a Los Angeles jury has not settled any of the potential civil liability that could still face Murray. Joe Jackson, and the Jackson family, will now seek another verdict before a new host of jurors. Civil Lawsuit for Jackson’s Wrongful Death Brian Oxman is the … [Read more...]

Nursing Home Abuse Lawyers: CNA Imprisoned for Patient Abuse

Nursing home abuse lawyers try their best to advocate for the elderly victims of abuse and neglect, the victims who often can no longer defend themselves against these predators. Amanda Tibble, 36, who used to work as a certified nursing assistant at the John M. Reed Nursing Home in Limestone, Tennessee has been sentenced to 15 months in jail. Tibble was fired from the home when allegations of physical, emotional, and verbal abuse from January 2010 surfaced. She has since plead guilty to four counts of willful abuse or neglect and admitted to mentally abusing two patients. She has also been accused of twisting a male patient’s hand and … [Read more...]

Medical Malpractice Attorneys Explain Six General Rules of Malpractice

Medical malpractice attorneys , in preparing to file a lawsuit, generally look to a series of rules that have been set forth by numerous courts over the years. The rules refer to when a plaintiff may file a malpractice lawsuit and the types of proof that are necessary at trial. The Supreme Court of Arizona set forth a series of rules in 1938 in the case of Boyce v. Brown, that still hold true today. A Historical Look at Medical Malpractice The Arizona Supreme Court listed these 6 general rules, these rules are adopted slightly differently in some states and may be the subject of objection yet they lay out a fairly succinct framework. (1) … [Read more...]

Medical Malpractice Attorneys Discuss Evolution of Hospital Liability

In the past, medical malpractice attorneys were extremely limited when bringing lawsuits, especially in determining who could be found liable. Under the doctrine of charitable immunity, hospitals were completely free from tort liability. This doctrine has been eliminated or minimized in many jurisdictions leading to three theories that have been used to hold hospitals liable when their doctors and nurses commit negligent acts. These three theories are known as respondeat superior, ostensible agency, and corporate negligence. Hospitals are Responsible for Their Healthcare Providers Under the respondeat superior theory, a theory that applies … [Read more...]

Medical Malpractice Attorneys: Does the Law Do Its Job?

It is widely accepted that across the United States of America, many patients at one point or another are injured due to the carelessness of doctors. One study that has illustrated this point is the highly debated “Harvard Study”. That study concluded that in 1984, 99,000 patients in New York State suffered serious injuries while in hospitals.  Thirteen thousand of  those patients lost their lives. Other studies have had similar results regarding the injury of patients while in hospitals. The main issue that medical malpractice attorneys are confronted with each day is whether the law is doing a good enough job to protect these patients. The … [Read more...]

Medical Malpractice Attorneys: A Matter of Common Knowledge

In order to successfully prove a medical negligence case, medical malpractice attorneys must prove that the doctor failed to live up to the appropriate standard of care. Generally, lawyers, on behalf of their clients, must call expert witnesses in order to establish the relevant standard of care that professionals are expected to fulfill. However, in many jurisdictions, plaintiffs may not need to present expert witnesses if the negligence undertaken by the doctor was “so grossly apparent, that a layman would have no difficulty recognizing it”. When Would a Layman Recognize Medical Malpractice? Expert testimony is not necessary to prove a … [Read more...]

Medical Malpractice Attorneys: Don’t Know What You Got until It’s Gone

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 claim … [Read more...]

Medical Malpractice Attorneys Recognize Loss of Life’s Pleasures

In a recent trend, some courts across the United States of America have begun recognizing “hedonic damages.” Hedonic damages refer to a plaintiff’s loss of the ability to engage in activities that he or she enjoys. Traditionally, there could be no award and recovery for the loss of life’s pleasures but in some states, this trend is coming to an end. As of 2006, the supreme courts of Connecticut, Maryland, New Hampshire, New Mexico, South Carolina, Washington, and Wyoming have all allowed medical malpractice attorneys to make separate claims for these types of damages. The Importance of Doing What You Love Lawyers believe that hedonic … [Read more...]

Elder Abuse Lawyers: California Developing Website to Report Abuse

Every state operates differently. Elder abuse lawyers and state officials advocating for the elderly are always looking at the procedures of other states to find out what is working in the fight against abuse and neglect. New legislation is waiting the approval of the governor in California to develop a secure website for police, doctors, and other authorities to report suspected elder abuse and neglect. The current system in California, and in a good portion of the country, involves a phone call to the state’s elder abuse hotline to report all forms of suspected abuse. The biggest flaw with the hotline, however, seems to be that, because … [Read more...]