The Daubert Case Changed How Drug Companies Are Held Accountable
Not many people outside of legal circles know the Daubert name. They may have never heard of the case, or know that it set a precedent as to how drug companies can be held accountable. The Daubert family never expected to be famous, either. But when “Baby Boy” Daubert was born on July 26, 1973,…
Read MoreCan a Surgical Black Box Help Prevent Occurrences of Medical Malpractice?
Most people are familiar with the black box as it relates to commercial aircraft. Black boxes record various flight parameters in real time such as altitude, airspeed, control positions, and more. In the event of an airline crash, the black box, if found, can provide extremely important information about what led to the accident and…
Read MoreCan You Sue a Naturopathic Doctor for Medical Malpractice?
When a medical doctor or healthcare provider falls short of meeting the acceptable standards of medical practice and the patient suffers an injury as a result, a medical malpractice claim may be filed. The claim may be brought to court by the patient and must confirm certain tort negligence elements in order to demonstrate proof…
Read MorePound Civil Justice Institute Publishes Report on Aggregate Litigation in State Courts
The Pound Civil Justice Institute is dedicated to helping ordinary citizens obtain justice by working with judges, lawyers, legal educators, and the public. The Pound Institute’s latest report focuses on aggregate litigation, and includes academic papers by prestigious professors and commentary by the panelists at a judicial forum held in July 2019. One hundred and…
Read MoreThe Track Record of Implicit Bias and Medical Misdiagnosis
In medical care settings, does skin color contribute to the quality of medical care provided to patients, thus influencing their medical outcomes? Unfortunately, some analysis of this question has occurred in recent years favoring the notion that racial bias is a problem in the practice of medicine as in other professions. This conclusion made by…
Read MoreNew Protections for Veterans Passed by the Senate
For many years, significant problems have lingered at the Veterans Administration regarding a lack of prompt, reliable, and quality care provided to our wounded warriors. These concerns have led to investigations and subsequent actions to resolve these issues. Just recently, on a unanimous basis, the U.S. Senate passed the VA Provider Accountability Act, which was…
Read MoreWhen Your Doctor’s Mental Health Causes Medical Errors
There is no getting around the fact that doctors are human beings susceptible to the same medical conditions as anyone else they may treat. Even with the assistance of technology in the medical field helping to eliminate (some) medical errors, patients can come to harm due to mistakes. We still expect, and deserve, competent medical…
Read MorePsychiatric Wards May Leave Patients Vulnerable to Harm
Having a loved one with a mental health condition can be hard on caretakers. Some mental illnesses have the potential to result in harm to others or self-inflicted harm that may end in severe disability or death. As a concerned family member, you do everything in your power to get him or her the best…
Read MoreLife Line Screening Misdiagnosis May Risk Your Health
Preventative health screening offers flash across television screens and show up in mailboxes across the country on a regular basis. They claim that they can head off serious medical issues in about an hour for a couple hundred bucks through performing a series of tests heavily marketed to detect heart disease and stroke. Surely your…
Read MoreHealth Care Fraud, Medical Malpractice, and the Importance of Informed Consent
When you go to a doctor expecting to get help, and you receive a diagnosis and plan of attack to make you better, you feel mostly relieved. At least you now know what’s going on with that abdominal pain or throbbing back. At least now you have a doctor who understands how to get you…
Read More