A Contract Be too Good to Be True

If it sounds too good to be true, it probably is.  A  Florida Supreme Court decision provides a variation on the adage: if a contract looks too favorable to one side to be valid, it probably isn’t. Thirty-nine weeks pregnant and experiencing contractions, Mrs. Crespo arrived at her doctor’s office.  …

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Hospital Insists it Was Malpractice; Patient Disagrees

At first glance it looks like a “Man Bites Dog” headline.  The hospital insists that the patient was injured by professional negligence; the patient vehemently disagrees.  The argument goes all the way to the state court of appeals. The explanation is immediately clear to medical malpractice lawyers: the …

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La. Decision Clears Path for Circumventing Med Mal Cap

Brandi’s parents allege that they rushed her to the Opelousas General Hospital ER and asked Dr. Z to administer stroke medication, but Dr. Z declined, administering anti-seizure medication instead.  Frustrated, they transferred her to another hospital, which administered stroke medication over four hours after …

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Fraud So Complicated It Takes a Neurosurgeon

Generally, when a doctor is convicted for fraud, the misdeeds are limited to a single category of fraud.  Maybe the doctor charged for procedures that weren’t performed; maybe there were kickbacks for referrals; or maybe self-referrals were involved. But last Friday a doctor in Michigan pleaded guilty to a …

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Hospital Says Injury Was Malpractice, Plaintiff Insists It Wasn’t

Here’s an interesting riddle.  When a plaintiff sues a hospital for an injury, why would the hospital insist the injury was caused by malpractice?  Even more puzzlingly, why would the plaintiff insist she was not the victim of malpractice? Lezlea Ross sued St. Luke’s Episcopal Hospital for an injury that …

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Does Med Mal Statute of Limitations Apply to Indemnification Claims?

Last week the South Carolina Supreme Court issued an opinion addressing the issue whether an indemnification claim is subject to that state’s medical malpractice statute of limitations, when the claim is for recovery of a payment made to settle a malpractice action. In 1997 Dr. A and Dr. B were working in the …

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