We are thankful and pleased to report a verdict for one of our medical malpractice clients in Fairfax, Virginia, yesterday.The case involved a 3 year delay in diagnosing rectal cancer. During this time the defendant ignored signs of rectal bleeding, attributing repeated findings and complaints of bleeding to 'hemorrhoids.' As a result of the delay the plaintiff, a 45 year old male, was deprived...
There is an interesting blog at the New York Times blog today. It really points out what most medical malpractice lawyers see every day. Tremendous loss compounded by health care providers that 'close ranks' and turn their backs on patients.Not all providers of course, but many. Not deliberate, I am sure, but more of a defense reaction to "what the heck do I do now?" and not having been taught...
Thanks to Wisconsin medical malpractice attorney Mike End for emailing me to point out that Indiana has a medical malpractice cap that tops out at $1.25 million dollars.Here's what's really crazy about their cap. A doctor is only responsible for the first $250,000 for any claim and then a state fund kicks in. And the doctor's total annual "cap" is $750,000. So, in Indiana, the MORE malpractice...
As we have pointed out before, Virginia is the only state in the country that caps total damages in a medical malpractice case. Most states that have enacted some form of tort reform have allowed an injured victim to recover all of their medical bills and lost wages (makes sense, doesn't it) but "capped" or limited recovery for such things as pain and suffering.No cap is a good cap but at least...
The Supreme Court of Virginia recently decided King v. Cooley, a medical malpractice case. The decision turned on whether certain evidence should have been admitted. Overlooked so far is the fact that this case shows exactly how Virginia's medical malpractice cap punishes the most severely injured.Tamatha Cooley alleged that Dr. Bradford King of Surgical Associates of Fredericks burg was guilty...
Every once in a while I think that Virginia couldn't be a worse place to be hurt or killed by a doctor and then I read stories like this.Seems that German doctors removed the top of a man's skull for an operation. They put it in the refrigerator during the operation but the fridge wasn't working, so the skull deteriorated and could not be replaced. The German court, reasoning that his new...
The L.A. Times is reporting that three physicians in Orange County, California have been arrested for doing unnecessary surgery. This isn't like the other California horror described in Coronary: A True Story of Medicine Gone Awry (where unsuspecting victims were subjected to unnecessary heart surgery.)No, these "patients" were allegedly recruited to be patients! Apparently 17 have been arrested...
Every day its seems that there is another good article coming out that completely debunks the myth that there is an epidemic of medical malpractice claims and lawsuits. Hey doctors--I know you've been overcharged and gouged by the insurance companies. Time to stand up and tell them "show me the data."Sandra Boodman of the Washington Post has another good medical malpractice article today,...
The District of Columbia Court of Appeals has thrown out a verdict that awarded nothing for pain and suffering for an elderly woman who fell and broke her hip at a nursing facility.According to the opinion the evidence at trial was that an elderly woman with dementia fell and broke her hip at the defendant's nursing facility. Medical records and the testimony of employees of the defendant...
Here's another disturbing story that only makes it harder for legitimate victims of malpractice to have their day in court.A Florida judge has thrown out a woman's medical malpractice lawsuit after the judge viewed a video showing the woman walking. This was after the woman had testified in deposition that she couldn't walk at all after an undiagnosed spinal abscess.Comments from her lawyers:He...
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