Valleywide Legal Blog

To Autopsy Or Not?

When a loved one dies, the family they leave behind are understandably grief stricken.  Senses are numbed, tears are shed, final arrangements are made, often in a haze of grief.  Questions about why the loved one died and whether medical … Read More

Posted in Autopsy, disclosure of medical mistakes, Doctors, Hospitals, Lawsuits, medical charts, medical errors, Medical Malpractice, medical malpractice cases, medical malpractice claims, medical malpractice lawsuits, medical malpractice lawyers, medical mistakes, Medical Negligence, Secrecy |

Jury Awards $14 Million in Malpractice Case.

Here is another large malpractice award that sounds excessive but is probably not.  The facts, as they almost always are in these cases, are sad. A twelve-year-old girl underwent a heart transplant in 2007 at a Seattle children’s hospital.  In … Read More

Posted in Blood Clots, Doctors, Hospital Negligence, Hospitals, Lawsuits, Medical Costs, medical errors, Medical Malpractice, Medical Malpractice Case Value, medical malpractice lawsuits, medical mistakes, Medical Negligence, Secrecy, Stroke, Surgical Errors, Valuing Damages in Medical Malpractice Cases, Verdicts |

You Have a Right to Your Medical Records.

With rare exceptions, there can be no claim for medical malpractice without the medical records.  Juries give a lot of weight to the medical records.  Pretty much, if it is in the medical records, the jury will believe it no … Read More

Posted in disclosure of medical mistakes, Doctors, electronic medical records, Hospital Negligence, Hospitals, Lawsuits, medical charts, medical errors, medical ethics, Medical Malpractice, medical malpractice cases, medical malpractice claims, medical malpractice lawyers, medical mistakes, Medical Negligence, Nurses, plaintiff, Secrecy |

Large Medical Malpractice Verdicts and Settlements.

The first thing to know about large medical malpractice verdicts and settlements is that the data surrounding them is largely unreliable.  The reason for this is at least twofold. With regard to verdicts, the verdict which is reported to the … Read More

Posted in disclosure of medical mistakes, Doctors, Hospitals, Lawsuits, Malpractice caps, medical errors, Medical Malpractice, medical malpractice cases, medical malpractice damages caps, Medical Negligence, Secrecy, tort reform, Verdicts |

A Most Unusual Lawsuit.

There are a number of medical mistakes that involve mistaken identity.  There are wrong site surgeries in which the surgeon operates on the wrong side of the body or the wrong body part.  There are wrong dose mistakes in which … Read More

Posted in disclosure of medical mistakes, Doctors, Hospital Negligence, Hospitals, Informed Consent, Lawsuits, medical errors, Medical Malpractice, medical mistakes, never events, plaintiff |

Medical Malpractice and Off-Label Use.

Off-label use is the use of a medication or a medical device for a purpose other than the purpose the Food and Drug Administration has approved for it.  Doctors sometimes prescribe a medication originally developed to treat one medical condition … Read More

Posted in Doctors, drug companies, Informed Consent, Lawsuits, Medical Devices, medical errors, Medical Malpractice, medical malpractice cases, medical mistakes, Medical Negligence, medical research, Medication Errors, Orthopedics, plaintiff, Secrecy |

Malpractice Myths Don’t Match The Facts.

Last week I wrote about a study which examined over 20 years of reports to the National Practitioners Data Bank about payments made on behalf of doctors to resolve medical malpractice claims.  I discussed the study findings about the most … Read More

Posted in disclosure of medical mistakes, Doctors, Health Care Costs, Lawsuits, Malpractice caps, Malpractice costs, Medical Costs, medical errors, medical ethics, Medical Malpractice, medical malpractice cases, medical malpractice damages caps, medical malpractice lawsuits, medical mistakes, Medical Negligence, medical research, plaintiff, Secrecy, tort reform |

What Is The Most Common Form of Malpractice?

I am often asked what is the most common form of medical malpractice.  Well, now we don’t need to rely on my opinion.  We have an answer based on over 20 years of malpractice suits and payments. In 1986, Congress … Read More

Posted in Doctors, Lawsuits, medical errors, Medical Malpractice, medical malpractice cases, medical malpractice claims, medical mistakes, Medical Negligence, Medication Errors, robotic surgery, Surgical Errors |

Fake Jury Verdicts.

Perhaps you have received an e-mail from a friend with a list of outrageous jury verdicts.  The lists come in many flavors and with many names.  Some versions are called the “Stella Awards” in “honor” of the lady who was … Read More

Posted in Doctors, drug companies, Fraud, Hospitals, Lawsuits, Malpractice caps, Medical Malpractice, plaintiff, tort reform, trial, Verdicts |

Generic Drug Price Fixing.

“Generic” is the name given to drugs that are not protected by patents.  Anyone can make a generic drug.  Because they are not protected by patents, it is anticipated that competition will drive down the prices of generic drugs to … Read More

Posted in drug companies, Fraud, Health Care Costs, Health Insurers, Lawsuits, Medical Costs, Medicare, Secrecy |