Valleywide Legal Blog

“Blame The Patient”

“Blame the patient” is Play #2 in the medical malpractice defense lawyer’s playbook.  Play #1, of course, is “Deny, deny, deny.”  “Blame the patient” is #2 because it is so effective.  It plays into the human nature of the members … Read More

Posted in disclosure of medical mistakes, Doctors, heart attack, Hospital Negligence, Hospitals, Lawsuits, medical errors, Medical Malpractice, medical malpractice cases, medical mistakes, Medical Negligence, Medication Errors, plaintiff, Prescription Errors, trial |

Medication Errors Are A Persistent Problem.

Medication errors can and do kill and injure patients in hospitals, outpatient clinics and as a result of doctor ordered prescriptions.  There are literally thousands of medications, which can be prescribed for patient use.  Many have confusing names.  Many have … Read More

Posted in Doctors, Hospitals, Lawsuits, medical errors, Medical Malpractice, medical mistakes, Medication Errors, Pharmacies, Pharmacy Malpractice |

Hospitals Continue to Hide the Ball.

As anyone who observes our health care delivery system in action knows, hospitals are hotbeds of medical errors.  It is not all their fault but it is a fact.  There are so many people participating in patient care.  There are … Read More

Posted in disclosure of medical mistakes, Fraud, Hospital Negligence, Hospitals, Lawsuits, medical errors, medical ethics, Medical Malpractice, medical mistakes, Medical Negligence, Medicare, Nurses, plaintiff, Secrecy |

Tort Reform Fails to Deliver.

A recurring theme in American political life is the insistence that consumers are the victims of rapacious medical malpractice lawyers, who sue at the drop of a hat and whose actions raise health care costs for all of the rest … Read More

Posted in Defensive Medicine, Doctors, Fraud, Health Care Costs, Health Insurers, Hospital Negligence, Hospitals, Lawsuits, Malpractice caps, Malpractice costs, Medical Costs, medical errors, medical ethics, Medical Malpractice, medical malpractice cases, medical malpractice damages caps, Medical Negligence, tort reform |

What Are Statutes of Limitation?

It seems like every week or so we get a call from a potential client who reports that she was the victim of medical malpractice.  When we begin to ask for more details, it turns out the malpractice occurred more … Read More

Posted in Lawsuits, Medical Malpractice, medical malpractice cases, medical malpractice claims, medical malpractice lawsuits, medical malpractice lawyers, Medical Negligence, medical negligence lawyers, Statute of Limitations |

Defensive Medicine is a Fraud.

Defensive medicine is the name doctors give to the tests or treatment they admit are unnecessary but they order anyway out of what they claim is fear of being sued for malpractice.  It is an unethical fraud and the doctors … Read More

Posted in Cancer, Defensive Medicine, Doctors, Fee for Service, Fraud, health, Health Care Costs, Health Insurers, Hospitals, Infection, Lawsuits, Malpractice caps, Medical Costs, medical ethics, Medical Malpractice, Misdiagnosis, tort reform |

Many Hospitals Prey On Their Patients

Last week’s New York Times ran an article about how rich hospitals profit from their patient’s car accidents.  The article showed how hospitals take advantage of old lien laws enacted to ensure patients received treatment in the days before widespread … Read More

Posted in Fee for Service, Fraud, Health Care Costs, Health Insurers, Hospitals, Insurance Law, Lawsuits, Medical Costs, medical ethics, Medicare, plaintiff |

Understanding Medical Terminology.

In my job as an attorney representing victims of medical malpractice, it is critically important to be able to read and understand medical records and to be able to examine and cross-examine doctors, who appear as defendants or witnesses.  Both … Read More

Posted in Doctors, General Health, Lawsuits, medical charts, Medical Malpractice |

Sometimes Doctors Bite Off More Than They Can Chew.

I recently read an interesting summary of a medical malpractice case in which the doctor overextended himself and one of his patients died.  The lesson for doctors, which should apply to all the rest of us as well, is don’t … Read More

Posted in Cesarean Section, Doctors, Hospitals, Lawsuits, medical errors, medical ethics, Medical Malpractice, medical malpractice claims, medical mistakes, Nurses |

Big Malpractice Verdicts Rarely Last.

If you read the news reports about medical malpractice trials, you would be forgiven for believing that the sky is falling, that the inmates are running the asylum and that juries are going crazy making multi-million dollar awards in every … Read More

Posted in Doctors, Hospitals, Lawsuits, medical errors, Medical Malpractice, medical malpractice lawsuits, medical mistakes, Medical Negligence, plaintiff, Surgical Errors, Verdicts |