Articles Posted in Lawsuit

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Summary: Just because a doctor’s action or inaction fell below the standard of care does not mean that he or she was negligent.

I watched the first episode of “Monday Mornings,” a television series that was on TNT created by David E. Kelley.  Mr. Kelley has created or been involved in various series including: (1) Ally McBeal; (2) Boston Legal; (3) Boston Public; (4) Chicago Hope; (5) Doogie Howser, M.D.; (6) LA Law; and (7) Picket Fences. This show involved five surgeons in a hospital and explored their professional and personal lives.

The reason I am writing a post on this episode is based on a scene involving peer review of one doctor’s case.  The most common educational setting for this review and discussion is known as Morbidity and Mortality (“M&M”).  This is where physicians discuss other doctors’ behavior or analyze an adverse event.  The information gleaned during M&M is not discoverable in most states.  The reason is to have open communication and enable doctors to learn from their mistakes and try to prevent future ones.  Doctors are going to be less forthcoming with regard to errors they have made if what they say can be used in a medical malpractice case.

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Summary: Expert Witnesses – The Expensive Necessity in Medical Malpractice Lawsuits

Remember the song “Mammas Don’t Let Your Babies Grow Up To Be Cowboys” by Ed Bruce?  One part of the song’s lyrics is as follows, “Mamas’ don’t let your babies grow up to be cowboys.  Don’t let ’em pick guitars or drive them old trucks.  Let ’em be doctors and lawyers and such.”  I agree, but I would take it one step further.  I say, let them be expert witnesses.  They will be set for life.

As a practicing medical malpractice attorney, I only work with the most highly qualified and competent doctors to obtain opinions regarding the necessary elements of medical malpractice: (1) standard of care; (2) causation; and (3) damages.  These doctors have all graduated from some of the most reputable institutions and are board certified in their specialty.  I have the upmost respect for (most) all of them.  However, wow, are they expensive!

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Summary: A law was passed in California in 1975 (Medical Injury Compensation Reform Act, also known as “MICRA”) which, among other things, limited the amount of money awarded for non-economic damages (pain, suffering, emotional distress, etc.) to $250,000 in medical malpractice cases. There was no clause included which adjusted the amount for inflation which means, at this point, that $250,000 is worth about $60,000 now.

I initially addressed this issue in Post #7 published in July of 2012 entitled “Here’s Why the California Cap on Non-economic Damages Is Archaic.” I discussed it again in October of 2012 in Post #14 entitled “Until the California Supreme Court Takes a Gander, the California Cap on Non-economic Damages Will Stay Firmly in Place.” Finally, I dealt with it in July of 2013 in Post #28 which was an addendum to Posts 7 and 14.  I would ask that you read those for background on the reasoning behind this cap and why the law is so wrong.

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Published on:

Summary: A law was passed in California in 1975 (Medical Injury Compensation Reform Act, also known as “MICRA”) which, among other things, limited the amount of money awarded for non-economic damages (pain, suffering, emotional distress, etc.) to $250,000 in medical malpractice cases. There was no clause included which adjusted the amount for inflation which means, at this point, that $250,000 is worth about $60,000 now.

I initially addressed this issue in Post #7 published in July of 2012 entitled “Here’s Why the California Cap on Non-economic Damages Is Archaic.” I addressed it again in October of 2012 in Post #14 entitled “Until the California Supreme Court Takes a Gander, the California Cap on Non-economic Damages Will Stay Firmly in Place.” I would ask that you read those for background on the reasoning behind this cap and why the law is so wrong.

I am bringing this up simply because it is now July of 2018 and you may be wondering if something has happened since. Well, nothing helpful.