An Illinois woman who lost her unborn baby and a small intestine after being admitted to a hospital was awarded an $11.5 million judgment Tuesday by a DuPage County jury. The jury deliberated for about five hours before awarding awarding the mom $10.5 million for her injuries and $1 million…
A new American Association of Justice report entitled “Standing Up for Seniors” underscores that nursing home lawsuits help improve nursing home care for the 1.5 million Americans who are in nursing homes. No one is surprised that a significant number of our nursing homes are disaster areas, the antithesis of…
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…
The Maryland Court of Special Appeals provided yet another ruling about the nuances of malpractice law in Maryland, specifically the certificate of merit and other technical requirements necessary for initiating a medical malpractice lawsuit. In Maryland, the procedures for filing and litigating medical malpractice actions are established by the Maryland…
The $11.5 million medical malpractice verdict won against a Miami orthopedist this spring, by former Dolphins receiver O.J. McDuffie, has been overturned. At trial, McDuffie testified that the doctor never told him that he had completely ruptured the ligaments in his toe, as evidenced by MRIs performed in subsequent weeks.…
Metro Verdicts Monthly and the Maryland Daily Record report on a $4,947,837 verdict in Montgomery County for a young woman claiming medical malpractice caused her nerve and spinal injuries. The jury awarded $2.5 million for lost wages, $276,000 for medical expenses, $675,000 for loss of consortium, and $2.1 for non-economic…
This article underscores the abject failure of medical error reporting programs – and laws that require reporting – because no one is really trying to enforce the laws that already exists in 27 states, including Maryland, requiring hospitals and other facilities to report serious medical malpractice. Every once in a…
A new study published in the Archives of Internal Medicine underscores what patients have known for a long time: good research to find the right doctor does not necessarily yield the right doctor. The study found only a thin correlation between how the doctor performed according to the patient and…
The Baltimore Sun published a well-written rant about the deterioration of the doctor-patient relationship. The editorial stems from the well-publicized shooting at Johns Hopkins by a man distraught about his mother’s medical treatment. The writer paints an awful picture of a war between doctors and patients that is beginning to…
The widely read blog KevinMD, written by Dr. Kevin Pho who is an opinion leader on issues related to the medical point-of-view on medical malpractice issues, makes what I think is a startling admission: Politically, malpractice caps are dead — tort reformers should abandon that option. Furthermore, arguing that tort…