Early last month the, the Florida Supreme Court criticized the arguments used by medical malpractice insurance lobbyists and organized medicine to push for caps and other “tort reforms.” The court struck down the state’s cap on non-economic damages in wrongful death cases, and, in the process, basically informed all physicians that they have been lied […]
Vegetative Patients Communicate Using Their Attention
As a personal injury attorney in Colorado Springs, I’ve seen many catastrophic injuries that truly put the victim and family in a devastating situation. In some extreme circumstances, the victim will go into a coma or vegetative state. Recently, a report from The Huffington Post regarding these catastrophic injuries caught my eye. According to the […]
Lawsuit Claims Overuse of Solitary Confinement Violates Rights of Mentally Ill Pa Inmates
The American Civil Liberties Union and Disability Rights Network of Pennsylvania have filed a lawsuit against the state of Pennsylvania for the treatment of mentally ill inmates in the state prison system. The Pittsburgh Post-Gazette reports that the complaint sites psychiatric studies that say the “horrific conditions” of restricted housing for mentally ill inmates makes their […]
Mother Sues Psychologist Over Toddler’s Death
NBC News reports: “The mother of a 15-month-old boy who died on a court-ordered visit to his father has filed a lawsuit against the psychologist who sanctioned the visitation.” Prince McLeod Rams was on his fourth unsupervised visit with his dad, Joaquin Rams, on October 21 when he died. Authorities believe that Rams drowned the […]
Pinnacle Medical Solutions to Pay $1.8 Million to Settle Whistleblower Lawsuit
The Birmingham News reports that Pinnacle Medical Solutions, a Southhaven, Miss. medical equipment company, agreed to pay nearly $1.8 million to settle a False Claims Act lawsuit brought by two former employees. Wendy Horne, a former reimbursement specialist for Pinnacle, claims that she found fraudulent practices within the company in the handling of insurance reimbursement for […]
Medical Malpractice Cap Struck Down by Missouri Supreme Court
Earlier this month, the St. Louis Post-Dispatch reported that the Missouri Supreme Court struck down a $350,000 limit on jury awards for ‘pain and suffering’ in medical malpractice cases. In a 4-3 decision, the court said the law violates a patient’s right to a jury trial and that the cap “infringes on the jury’s constitutionally protected purpose […]
Utah Supreme Court Say Physicians Have Duty to Patients’ Family
The Utah Supreme Court ruled last month that health care providers have a duty to consider how the treatment of a patient may affect the family of the patient. The Supreme Court’s decision reversed a third district judge’s ruling that medical malpractice suits could not be sought by third parties, and opens the door to […]
Medicare publishes data on hospital injuries and infections
About one person in three in the United States will encounter some sort of mistake during a hospital stay, recent reports say, and 90 percent of those go unreported. Federal officials have announced the release of data that that allows consumers to to find out how often local hospital patients acquire bed sores or infections, […]
Judge Rules Debt Collector Can’t Use Facebook To Collect Debt
Facebook can be a valuable source of information, from reconnecting with high school acquaintances and finding out what your neighbor is up to without leaning over the fence, to fact gathering and reading news blogs. But a Florida judge has ruled that Mark One debt collection company cannot use Facebook as a resource for collecting […]
Supreme Court rules parents can’t sue over side effects from vaccines
The US Supreme Court decided yesterday in a 6-to-2 decision that parents cannot sue the manufacturers of immunizations over side effects from the shots their babies receive. Russel and Robalee Bruesewitz are parents of an infant that allegedly suffered a severe reaction to a vaccine. USA Today reports that the suit originated in Pennsylvania and was brought […]