Tag Archives: Philadelphia Medical Malpractice Attorney

Pregnancy Is (Legally) Like A Disability If Employers Accommodate Temporarily Disabled Workers

Via Eric B. Mayer's Twitter feed, I saw that a few days ago the Wall Street Journal's blog for working parents, The Juggle, posted on a hot legal issue these days, "Should Pregnancy Be Treated as a Disability?" A recent study by a University of Dayton law professor, Jeannette Cox, asserts that pregnant women should be covered by the Americans with Disabilities Act, to protect them from being fired or forced to perform labor that could be harmful to mother or child. (The paper is forthcoming in March in  the Boston College Law Review.) The ADA doesn’t recognize pregnancy as a disability, leaving pregnant women physically ... Continue Reading

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Medical Apology Laws Are An Excuse To Avoid Doctors’ Ethical And Legal Duties To Patients

The Philadelphia Inquirer today profiles an issue of disturbing importance to doctors and malpractice insurance companies: the legal right to lie to patients with impunity. Of course, they don't describe it that way, they describe it like this: Many doctors feel that an apology - accepting responsibility for errors, telling what went wrong - is a dramatic advance and the right thing to do since doctors have long been loath to admit mistakes. But they say the trend will continue only if doctors know they can speak openly, without fear of being bludgeoned in a lawsuit. "Isn't that a little ... Continue Reading

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Philadelphia’s Complex Litigation Center Under Attack Again

[UPDATE II, February 7, 2012: Mike Tremoglie at Legal News Line (which is owned by the U.S. Chamber of Commerce's Institute for Legal Reform) has published two follow-up stories in which I was quoted, one about the issue in general, and one about follow-up data the ICLE published on the location of plaintiffs in Philadelphia mass torts cases.] [UPDATE, December 3, 2011: More than a month after my post, the Wall Street Journal chimed in with an editorial parroting the "study" I discussed below. The WSJ, too, noted that, in medical malpractice trials, "Philadelphia juries find in favor of plaintiffs more often ... Continue Reading

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NEJM Study On Malpractice Risk By Physician Specialty

The New England Journal of Medicine released a new study in today's issue, Malpractice Risk According to Physician Specialty, which concluded: There are few recent estimates on the likelihood of malpractice claims and the size of payments according to physician specialty. Using physician-level malpractice claims from a nationwide liability insurer, we found substantial variability across specialties in each of these descriptors of liability risk. Specialties in which the largest proportion of physicians faced a claim were not necessarily those with the highest average payment size. For example, physicians in obstetrics and general surgery — both fields that are regarded as ... Continue Reading

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Medical Malpractice, Errors in Judgment, and The Beginner’s Mind

Last month the American Journal of Medicine published a new study (“Longer Lengths of Stay and Higher Risk of Mortality among Inpatients of Physicians with More Years in Practice”) with the unexpected conclusion that hospitalized patients were more likely to die or stay long in the care of an experienced physician than in the care of a recent graduate from residency: According to findings in the American Journal of Medicine, patients whose doctors had practiced for at least 20 years stayed longer in the hospital and were more likely to die compared to those whose doctors got their medical license ... Continue Reading

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The Burden Of Proof: A Matter Of Life And Death

When I was in law school, I took Federal Courts, a notoriously difficult and complicated class, with Laura Little, who taught it with grace and style. (Law students, take note: she wrote a commercial outline with rave reviews.) Afterwards, I told her how much I liked the class, and asked her what I should take next (law students, again take note: great way to get recommendations for classes) and she pointed me to Michael Libonati, whom she said was "probably the smartest teacher on the faculty." With a recommendation like that, I dutifully took his State and Local Governments class, ... Continue Reading

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Massive Emergency Room Malpractice Award For Noncompliant Patient

I’ve written several times before about where multi-million dollar jury verdicts come from, like in A Look Behind The Scenes Of A Multi-Million Dollar Personal Injury Verdict and Strange Birth Injury Award: $21M Medical Expenses, $0 Pain and Suffering. There’s no secret recipe. Facts win cases; outrage at the defendant’s reckless conduct makes the damage awards larger. Another example was published yesterday in The Legal Intelligencer: A Philadelphia jury awarded $21.4 million on Friday to a diabetic man with brain damage over the care he received in the emergency room of Temple University Hospital. …   The defense argued in ... Continue Reading

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Strange Birth Injury Award: $21M Medical Expenses, $0 Pain and Suffering

It's conventional wisdom among trial lawyers and insurance lawyers that few plaintiffs are as sympathetic as a brain-damaged baby. The baby plainly did nothing to contribute to their harm, but has nonetheless been deprived of many of the basic joys of their infancy, childhood, adolescence, and adulthood. It's thus presumed that, if a jury finds liability in a birth injury lawsuit — like a negligent hospital or obstetrician that failed to observe fetal distress, leading to hypoxia, or failed to treat jaundice, leading to kernicterus — they'll inevitably award a substantial amount of non-economic damages for pain and suffering. Indeed, that was the ... Continue Reading

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Medical Malpractice Filings in Pennsylvania Are Dwindling, Taking Civil Justice And Patient Safety With Them

Today's Legal Intelligencer tells us what we already know: in Pennsylvania and New Jersey, patients' right to compensation for injuries caused by medical malpractice is dying. Not a quick death, mind you, like the death of patients' rights in Texas (a punishment insurance companies and medical associations are trying to inflict upon New York), but a slow death. I use the word "death" because that's what it often what it takes to qualify for a medical malpractice lawsuit these days. If a patient wasn't killed or permanently injured by the malpractice, then often it doesn't matter how outrageously negligent or reckless the ... Continue Reading

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17P & Makena: Exploiting Premature Birth For Billions In Profit

Update, September 7, 2012: More than a year ago, I wrote "It's possible KV will sue the FDA over [the decision not to go after compounding pharmacies] — arguing, in essence, that the FDA is disobeying its own statutes and regulations, and thus in violation of the Administrative Procedures Act ..." That happened in July, but the case was just dismissed. Next step is inevitably an appeal. I hope, for the sake of patients, they do not succeed, but quite frankly they have a valid argument. 17-P should never have been given orphan drug status in the first place.   Preemies ... Continue Reading

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