How many times have you Googled for one purpose and then found something interesting unrelated to what you were looking for? This weekend, looking for something unrelated, I found a New Yorker article from two years ago on medical malpractice in the comments section of a blog. It is an…
Articles Posted in Medical Malpractice
Shortage of Doctors in Maryland?
The Washington Post and the Baltimore Sun wrote yesterday about a recent report that Maryland faces a doctor shortage that may well become severe by 2015. We already have a shortage of doctors, and things will get worse? I don’t know anyone—family, friend, or client—who could not find a medical…
New Maryland Court of Special Appeals Ruling on Wrongful Death Medical Malpractice Case
The Maryland Court of Special Appeals found in a 2-1 decision last month that a reduction of 30 percent in the survival chances of a woman with uterine cancer as the result of medical malpractice is not actionable as a matter of Maryland law. Marcantonio v. Moen is a case…
Medical Malpractice Liability to Third Parties
On Monday, the Supreme Judicial Court of Massachusetts overturned the dismissal of a lawsuit filed by a woman against a physician who had failed to warn his patient of the side effects of a medication. These side effects had caused the patient to lose consciousness at the wheel and kill…
Can a Medical Malpractice Case that Settles for $750,000 Be Frivolous?
I read this weekend a crazy story about a Tennessee medical malpractice case. The plaintiff sued a Tennessee lawyer for legal malpractice for botching a case which he supposedly should have won. The legal negligence case settled for $750,000 which means, if logic and reason were at all involved in…
Information Medical Malpractice Lawyers Can Use
A few weeks ago, I wrote about a new product for malpractice lawyers called MedMal Reports. This company creates a report of the expected medical malpractice payout for a case based on the National Practitioner’s Data Bank. I received an email from MedMal Reports Chief Economist, Dr. David M. Frankel,…
West Virginia Supreme Court Applies Medical Malpractice Cap in Interesting Case
The West Virginia Supreme Court, applying West Virginia’s medical malpractice cap, affirmed the trial court’s decision to cut a $10 million medical malpractice verdict against a West Virginia hospital and one of its doctors down to $1 million. (This is the same thing that happened to us in Maryland 10…
Maryland Takes Medical Malpractice Premiums from Medical Mutual (sort of)
Doctors may have a new opponent in their battle for lower medical malpractice premiums: the state of Maryland. As I wrote last month, Maryland has been paying subsidies to doctors to the tune of $80 million over the past three years as a part of the medical malpractice “reform” bill…
Does Maryland’s Cap on Noneconomic Damages Discriminate Against Women
I have expressed my disdain for Maryland’s cap on non-economic damages many times on this blog. I read an interesting article in the University of Baltimore Law Forum on an issue to which I have never given much consideration: the impact of the cap on non-economic damages on women. In…
Predicting the Value of Medical Malpractice Cases
A post on the Illinois Trial Practice Blog discusses a product for malpractice attorneys called>MedMal Reports. This company generates a report based on the payout reported in the National Practitioner’s Data Bank. Reporting of settlements and verdicts is mandatory, so the data is not skewed the way published verdict reports…