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 Define Negligence

Medical malpractice attorneys have found that negligence may be the most important form of any tort liability in our jurisprudence today. This is in part due to the flexible principles of negligence that enable liability to be applied to many types of conduct that cause accidental harm. The main difference between negligence and all other forms of torts (i.e. assault and battery) is that negligence is not concerned with the state of mind of the person who committed or neglected to commit the act. The main thing that is looked at by lawyers, and judges who oversee cases, is the conduct of a defendant (such as a doctor or nurse) and whether … [Read more...]

Medical Malpractice Attorneys and the Locality Rule

Medical malpractice attorneys believe that lawsuits against physicians, as opposed to attorneys and other professionals, recognize the locality rule more frequently. The locality rule generally states that doctors and other healthcare professionals should live up to the acceptable standard of care as do other similarly situated professionals in the same vicinity and same community. There are many cases that refer and adopt the locality rule in similar and slightly differing ways depending on the jurisdiction. The Rule Applied One important case regarding medical malpractice was Hickson v. Martinez from a Texas appellate court. That court … [Read more...]

Nursing Home Neglect Lawyers Reminder: Look for Small forms of Neglect

We write a lot about shocking and extreme cases of elder abuse and neglect. But we want to remind you that, as nursing home neglect lawyers, it is just as important to look out for the small forms of neglect. The elderly are very vulnerable and the smallest thing can turn into a serious infection or other medical problem. A nursing home in Petaluma, California is being sued by the family of a former resident. According to the suit, the home did not provide proper care to the elderly 90-year-old woman and neglected her on a daily basis. They “repeatedly failed to perform basic wound monitoring, nutrition and hydration.” Woman’s Wounds and … [Read more...]

Medical Malpractice Attorneys Find Justice after 7 Years

Medical malpractice attorneys fought for the plaintiffs, Melinda Schultz and the family of William Bribriesco, in an attempt to earn them much deserved compensation. Finally, in 2011, the State Appeals Board approved settlements in both cases which resolved the open lawsuits which date back to 2007. As part of the settlements, the hospital and those employed at the time denied any wrongdoing. Two Plaintiffs Find Justice In the first approved settlement, the State Appeals Board approved a settlement in the case of Melinda Schultz for a figure around $300,000. In that case, the plaintiff alleged that her anesthesiologist negligently … [Read more...]

Medical Malpractice Attorneys: When Damages Are Inadequate

When a jury verdict in a medical malpractice case does not appear to be supported by the weight of the evidence, a trial court has the discretion to order a new trial. In rare cases, if a medical malpractice award is viewed as excessive, a new trial could be ordered unless there is an agreement among the parties to lower the award amount. The procedure is known as a “remittitur”. Although a remittitur does not benefit plaintiffs, medical malpractice attorneys can increase the award due to their client when an “additur” is ordered. How an Additur Benefits Plaintiffs In some cases, a plaintiff will be awarded a new trial if the damage amount … [Read more...]

Medical Malpractice Attorneys: Tennessee Moves to Damages Cap

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...]

Nursing Home Abuse Lawyers Report Improvement in Nation Nursing Homes

Our blog contains many stories of negligent and abusive nursing homes and care givers. We report on these cases to raise awareness of the poor conditions that many of our elderly population have to endure. With all of these horrible cases of abuse and neglect, as nursing home abuse lawyers, we were happily surprised to read a recent report that came to the conclusion that overall nursing home care has improved in the past few years. This is incredibly good news and means that nursing home and government officials are finally starting to realize how important this problem is and has begun to fix facility conditions. Study Shows Measurable … [Read more...]

Medical Malpractice Attorneys Explain the Basics of a Trial

A civil trial, including medical malpractice and negligence, are used to settle non-criminal disputes. Generally, patients are seeking compensation for some sort of wrong and they will hire medical malpractice attorneys to bring forth the case. At trial, both parties present evidence in an attempt to demonstrate their case and persuade the trier of fact, a judge or jury, of the strength of their position. In order to find the truth of the matter, the adversarial approach is used in American jurisdictions to settle civil litigation. Describing the Adversarial Approach The lawyers and the defense team will present opposing legal arguments … [Read more...]

Medical Malpractice Attorneys: Spine Surgeons Susceptible to Lawsuits

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...]