State limitations on medical malpractice recoveries seem to be under almost daily attack. The latest serious threat comes from Louisiana, where a federal district court has authorized an interlocutory appeal of his ruling that an Emergency Medical Treatment & Labor Act (EMTALA) claim is subject to the La. …
Solid Victory for Ind. Med Mal Plaintiffs’ Bar
April 12, 2017 Leave a Comment
On April 7 the Indiana Supreme Court handed the plaintiffs’ bar a solid victory in the six-year battle that has raged since issuance of the 2011 Indiana Court of Appeals decision in K.D. v. Chambers. That decision was generally read as severely limiting the right of a medical malpractice plaintiff to add a new …
Indiana Reaffirms Relaxed Rule for Med Mal Complaints
March 27, 2017 Leave a Comment
In Indiana a medical malpractice plaintiff doesn’t proceed directly to court. First, a proposed complaint goes to the Indiana Department of Insurance, and the case is heard by a Medical Review Panel consisting of physicians. The complaint isn’t filed in court until the panel has issued its opinion. The …
A Contract Be too Good to Be True
March 24, 2017 Leave a Comment
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. …
Hospital Insists it Was Malpractice; Patient Disagrees
January 26, 2017 Leave a Comment
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 …
La. Decision Clears Path for Circumventing Med Mal Cap
October 28, 2016 Leave a Comment
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 …