Many people think medical malpractice is an invention of medical malpractice lawyers to get money. It is not. Before COVID-19, it was the third leading cause of death in the United States. That is not a malpractice lawyer talking. It is from Johns Hopkins. Other studies in the healthcare field…
Here an interesting medical malpractice case out of Tennessee worth discussing that relates to substituting plaintiffs in a medical malpractice case. In this case, Holley v. Blackett, the Tennessee Court of Appeals allowed common sense to triumph, reversing a trial court’s entry of summary judgment in a wrongful death breast cancer misdiagnosis…
In medical malpractice cases, doctors often want to explicitly or implicitly argue that there is informed consent of a risk of an injury and that injuries can occur, therefore, there can be no malpractice claim because the patient was informed of the risks. The strategy is to convince the jurors…
Many are concerned about frivolous medical malpractice lawsuits. Little if any attention is given to frivolous malpractice lawsuit defenses. Everyone realizes that doctors are human beings and sometimes the very best doctors make mistakes, as do the best lawyers, accountants, plumbers and waitresses. But it is incredible how few malpractice…
One question you will hear Maryland medical malpractice lawyers asking each other is: do you need to file in health claims arbitration if the case if you filed in federal court? It is a good question because it is a tough question whether under the Erie Doctrine, Maryland’s health claims…
As the Internet is cluttered with personal information, there is increasing talk in legal journals about using blogs, Facebook, MySpace, and other social networking Web sites, to learn more about potential jurors. The Internet provides such a rich resource of information about potential and even already seated jurors. The problem…