As we have written about before on this blog, rising medical costs are often attributed to increases in doctors’ malpractice insurance premiums due to so-called “frivolous” litigation. This is certainly what many in the media and in politics will have you believe because it squarely places the blame on one group of people (trial lawyers) and
Fraud in Hospital Adds to Increased Cost in Healthcare Affecting Medical Malpractice Issues
February 21st, 2012
Medical Malpractice in Nursing Home Cases – Politicians Attempt to Limit Damages
February 15th, 2012
Amaris Elliott-Engel wrote an article in The Legal Intelligencer (which will be excerpted here, although premium access is required to view the full text) about the Pennsylvania State House of Representatives’ recent push to enact a piece of tort reform legislation that would cap punitive damages in cases involving professional malpractice in nursing and assisted
Tractor-Trailer Drivers Banned from Cell Phone Use to Prevent Truck and Auto Accidents
February 8th, 2012
A new law has recently gone into effect that may help you worry a bit less the next time you find yourself driving next to a tractor-trailer on a highway. In early January of this year, the United States Department of Transportation’s ban on commercial truck drivers using hand-held cellphones while on duty went into
Facebook and Discovery in Personal Injury Cases
February 1st, 2012
As Facebook encroaches more and more into our daily lives, it was only a matter of time before judges would begin taking it into account when making legal decisions. As reported recently by The Legal Intelligencer, a local judge has just weighed-in with his opinion on the issue of whether or not to allow defendants
One in Three Hospital Patients Face Medical or Surgical Mistakes – Study Results
January 18th, 2012
Diane Sawyer and her ABC World News team recently produced a segment about medical malpractice and its costs (financial, emotional, and physical). Sawyer presents a startling figure that is enough to scare any American: one in three patients who enter a hospital will face a medical or surgical mistake during their stay. “Mistakes are happening
Healthcare Communication Breakdowns Often Cause Medical Malpractice
January 11th, 2012
It is a tragic fact of life that medical malpractice exists; stories of incorrect diagnoses, improper prescriptions, failed operations and the like are never out of the headlines for long. Contrary to what we hear in the media, however, medical malpractice does not always fall onto the shoulders of doctors. Very often, hospital staffers and
Unjust Lawsuits Claiming Legal Reform Thwart Rights of Americans in Personal Injury Cases
January 4th, 2012
The American Association for Justice (AAJ) recently published a short pamphlet catchily titled Do As I Say, Not As I Sue, an attack on the hypocrisy of the United States Chamber of Commerce, that shadowy pro-corporate lobbying group mentioned a few posts ago in reference to the documentary Hot Coffee. Despite its official-sounding name, the Chamber has nothing to do with the United States government. Having said that, the Chamber still exerts serious influence on campaigns and legislation through its lobbying.
Underfunding of Judicial System Threatens Basic Nature of American Government
December 15th, 2011
The international weekly newspaper “The Economist” published an article in its September 29, 2011 issue about the judicial branch of the government, calling it “the feeblest branch,” due to the lack of funding and public and media attention it receives relative to legislators and executives. This is a serious threat to the average person’s ability
Philadelphia Trial Lawyers Prevail Against Kia in Class Action – $5.6 Million Recovered for PA Consumers
December 9th, 2011
Earlier this month, the Supreme Court of Pennsylvania upheld a 2005 class action verdict in the case of Samuel-Bassett v. Kia Motors America on behalf of almost 10,000 Pennsylvania consumers who purchased or leased 1997 – 2000 model year Kia Sephia automobiles.
Texas Tort Reform: Loser Pays Legislation Adds Insult to Injury
December 7th, 2011
As an addition to the tort reform legislation passed in Texas in 2003, the state’s government is now in the process of implementing a “loser pays” law, which is one of the most contentious recent developments to fall under the umbrella of tort reform. At first glance, a “loser pays” system may appear reasonable, but upon closer inspection it is anything but.
