After several states passed tort reform legislation in 2004, the Economic Policy Institute published a report titled “The frivolous case for tort law change: Opponents of the legal system exaggerate its costs, ignore its benefits,” that revealed a number of important flaws in the argument for the necessity for and benefit from tort reform. Many
Tort reform has sullied the political landscape of this country for years. A set of proposed laws and regulations at both the state and federal level, one central aim of tort reform is to limit the compensation an injured party can recover in a personal injury lawsuit, or “tort,” attempting to “save” health care from
Medical liens are one of the biggest nightmares for personal injury attorneys. They add cost and complexity to a case as well as delay settlement payments. That’s an undisputed fact. Now, it’s alleged that a hospital is abusing the liens, too: Silver Cross Hospital for a decade has exploited accident settlements to get higher fees
What’s that? I think it’s the appearance of impropriety: "I understand (the plaintiff’s attorneys) would be stunned and upset," Munch said. "I have made disclosures in cases. I certainly should have disclosed it." Rebecca Aviel, a legal ethics professor at the University of Denver, said it’s clear Munch had a responsibility to inform attorneys in
“Bury the lede” or “bury the lead” – it means the same thing: To put the crucial information at the end of a story. And that’s just what Forbes did with a recent story on medical malpractice. The article checks all the right boxes that an article written by an M.D. about medical malpractice should:
Apparently, it’s not whether something walks like a duck and talks like a duck, it’s whether it bills insurance companies like a duck: There is tremendous oversight in the operating rooms in hospitals. But in Maryland, some other locations where surgery is done simply don’t. Maryland’s Health Secretary, Dr. Joshua Sharfstein, acknowledges some clinics where
In the medical profession, a “never event” is something that should never happen. Doctors have to make judgment calls every day, and sometimes those judgments will be wrong. Every wrong judgment is not medical malpractice. But a “never event” is not a bad judgment call. It’s blatant medical malpractice, no matter how you slice it.
Connie Spears had to have both of her legs amputated after doctors ignored her past history of blood clots and sent her home despite her symptoms of severe leg pain. Despite what to many medical professionals appears to be a clear cut case of medical malpractice, Connie Spears finds no justice in Texas. Why? Because