While I was on vacation, I promised more commentary on Matsuyama v. Birnbaum, a landmark medical malpractice opinion on loss of chance from the Massachusetts Supreme Judicial Court. In Matsuyama, the 42-year-old Plaintiff’s decedent, Mr. Matsuyama, saw the Defendant doctor, a board-certified internist, and his primary care doctor, for a…
The Massachusetts Supreme Judicial Court – Massachusetts’ highest court – ruled yesterday that courts can hold medical doctors liable for medical malpractice that reduces a patient’s survival chances even if the patient’s chances of recovery was already less than 50 percent. Maryland also has a loss of chance case pending…
Medical malpractice lawyers in New York today released incredible surveillance camera video from Kings County Hospital in Brooklyn, New York, showing a 49-year-old woman dying on the floor of a psychiatric emergency room while being completely ignored by the hospital staff. The video shows the woman keeling over and falling…
Medical malpractice victims suffered a setback in Kentucky last week when the Supreme Court of Kentucky reversed the Kentucky Court of Appeals ruling adopting the “lost or diminished chance of recovery” in medical malpractice cases in Kemper v. Gordon. (This defense verdict was, however, reversed on other grounds because the…
The University of Chicago Journal of Legal Studies published an interesting article on medical malpractice tort reform. Current Research on Medical Malpractice Liability: Medical Malpractice Reform and Physicians in High-Risk Specialties, 36 J. Legal Stud. 121 (2007). The article supports the plaintiff’s view of medical malpractice tort reform… with a…
The Maryland Daily Record reports today that The Law Offices of Peter G. Angelos intends to file an appeal in a Baltimore City medical malpractice case in which the Plaintiff’s $10.2 million jury verdict against University of Maryland Medical Center was capped at $632,500.00 because that is the limit on…
I read over the weekend an interesting decision from the Connecticut Supreme Court that came out last week. The case, Monti v. Wenkert, is an awful medical malpractice case involving a seventeen-year-old girl who presented with significant but subjective symptomology that her GP, physician’s assistant, and the hospital’s emergency room…
I wrote recently about what I thought was the primary fuel to the tort reform engine: people do not expect to be the victims of an accident that results from the negligence of someone else, and they do not expect to be victims of malpractice. Statistically, they are right. The…
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…
The Maryland Daily Record reports on a Carroll County electrician who was recently awarded $2.3 million in a medical malpractice case by a Baltimore City jury. After a weeklong trial, the jury found the defendant doctor negligent for piercing the plaintiff’s spinal cord during a pain relief procedure. Steroid Injections…