Showing posts with label medical malpractice cases. Show all posts
Showing posts with label medical malpractice cases. Show all posts

Wednesday, February 9, 2011

Did you read The New York Times today? It would be foolish to limit Medical Malpractice Suits.

Every time I see another state or the Federal Government seeking to impose further limitations on medical malpractice litigation, I simply cringe. Have doctors and the health care lobby really done that great of a job in brainwashing legislators ? The argument that has been put forth by medical professionals is that there is a lot of meritless litigation. Well you could say that about any type of litigation. The facts are that thousands of deaths, disfigurements, brain damage and other life altering injuries are caused by doctor, nursing and hospial malpractice.
To water the system down further would be a"grave injustice" to those individuals who have suffered debilitating conditions caused by medical malpractice.
Hey, if you asked all doctors whether all medical malpractice suits should be abolished, the overwhelming response would be yes! Besides providing just compensation to the victims of medical professionals, medical malpractice lawsuits serve as a type of "checks and balances" on the medical profession.
To further mess with these types of cases would be a disgrace and a mockery of the greatest legal system in the world.

Monday, November 8, 2010

Medical malpractice Continuous Treatment Doctrine; Not a Gimmie.

We are all familiar with the "continuous treatment doctrine" in medical malpractice cases. Generally, if you are under the care of the same physician, for the same injury/condition without "excessive gaps in treatment", you may be able to toll/extend the statute of limitations period.
Well, the Appellate Courts have continued to "water down " this doctrine. Another published decision in this past's week Law Journal did just that. We know that in any case where there is the potential application of "the doctrine", you will most likely be met with a summary judgment motion.
Two suggestions;
1. Get full records before you agree to take a case and
2. MAKE SURE if you agree to prosceute a case with "a potential statute of limitations defense", you advise the client[with their acknowledgment ] in writing from the inception.

Remember, protect yourself at all times.