Understaffing at nursing homes appears to be the underlying reason for continued problems and abuses according to a just-released national report examining nursing home abuse and neglect. The story is from FortWayne.com:Report IDs roots of elderly neglect"The Faces of Neglect: Behind the Closed Doors of Nursing Homes," commissioned by the National Citizens Coalition for Nursing Home Reform,...
Vioxx Litigation Update: A New Jersey jury recently awarded Plaintiff John McDarby and his wife $4.5 million, blaming his heart attack on four years of Vioxx use, despite several risk factors, such as diabetes, clogged arteries, and being a former smoker.
Ever wonder when you as a parent become liable for an accidents or intentional injuries caused by your child?Nevada law addresses this in two statutes:First, NRS 41.470 provides: 1. Except as otherwise provided in NRS 424.085, any act of willful misconduct of a minor which results in any injury or death to another person or injury to the private property of another or to public property is...
If it were possible to focus our attention on one really big issue in medical care would frivolous lawsuits be anywhere near the top of the list? Not according to Frivolous lawsuits? Pfft!, a post by Marie Carnes at Disarranging Mine. Marie, who says she has been a legal secretary for both plaintiff and defense lawyers for 30 years, has only seen one lawsuit that should never have been filed....
Juries sit for days or weeks to determine verdicts. Juries are a fundamental concept in our American system. Why do some continue to question the wisdom of juries? Only a juror who sat through a case understands the evidence in that case.Florida attorney Bob Carroll cites to the following verdicts in his blog of this date. Do these look like frivilous lawsuits?A jury in New York awarded the...
Let's take a test. Are any of these recent jury verdicts the result of a frivolous lawsuit? Are any of the awards an indication of a runaway jury announcing a lottery winner?Personally, I feel each of these million dollar verdicts appears to be reasonable. If you feel differently, leave a comment. A jury in New York awarded the mother of a baby who suffered severe brain damage at birth $29.3...
Personal Injury Protection? PIP? What is it? What should I do?In Hawaii we have an "insurance commission" and they tell us that "PIP" means "personal injury protection". When you buy auto inurance you have a choice about your PIP coverage. Your insurance agent will probably tell you to buy a minimum amount and save money. You want to keep your car insurance at a minimum of course. But what is...
According to a recent Associated Press article, drug maker Wyeth wants the FDA to crack down on compounding pharmacies which create custom-mixed, bio-identical hormone replacement products to help alleviate the symptoms of menopause. Wyeth claims public safety as its motive, but pharmacists and consumers are questioning whether Wyeth's concern may have more to do with its own bottom line. ...
The concept of blogging has become an outlet for creativity, as well as a source of information for the web surfer. However, a San Francisco Judge was recently angered by one lawyer's blogging. As Law.com reports"according to Judge Karnow's ruling, Attorney Kuo, at various points called his opposing counsel "chicken" when she asked for a continuance, directly alluded to her with some posting...
A group that represents doctors, The Heart Rhythm Society, will publish guidelines to help doctors determine how to respond when a heart defibrillator malfunctions. The publication comes in response to problems experienced by cardiac defibrillator manufacturers,Guidant (recently acquired by Boston Scientific Corp.) and Medtronic. The guidelines call on device manufacturers to develop and use...
