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Mike Bryant

Constitution? States Rights? Right to Contract? Crazy Ideas H.R. 1215

Those odd Republicans in Washington are at it again, contradicting their core values. This new Medical Malpractice bill (HR 1215) pretends to “reduce healthcare costs” by 1) capping damages in medical malpractice cases, 2) capping attorney fees, and 3) doing […]

T. Thomas Metier

Who Bears the Burden of Proving an Underlying Judgment Would be Collectible in a Legal Malpractice Case?

The appeals court ruled in favor of the plaintiff, holding that the burden was actually on the attorney-defendant, not the plaintiff, to prove the judgment would have been uncollectible as an affirmative defense.

Rick Shapiro

Federal Efforts to Cap Medical Malpractice Awards Stall

A rare win appears within reach for the “forgotten people” who stand to lose so much if Republicans in Congress succeed in completely repealing and replacing the Affordable Care Act (ACA). H.R. 1215, introduced as companion legislation to the American […]

Mark Bello

Texas Continues to Attract Doctors that are “Bad to the Bone”

A Texas doctor was recently sentenced to life in prison for over 30 botched spinal surgeries that left patients seriously injured, paralyzed, or dead. Although the 44-year-old doctor is the first surgeon known to be imprisoned for a botched surgery, […]

Chris Nace

Remembering Jerry Canterbury: The Man Who Led the Charge for Patients to Control Their Own Medical Destiny.

Over the weekend we learned, more than two months after the fact, that Jerry Canterbury had passed away on March 15th in Hartville, Ohio at the age of 78. Considering the delay in news of his death, it might not […]

T. Thomas Metier

Can a Pro Se Litigant File a Medical Malpractice Claim as Executor of the Estate?

Assad’s complaint is a nullity and allowing him to represent the estate in this matter constituted plain error.

Mark Bello

Can One Have Faith in Justice when Faith Itself is Corrupt?

Many of my readers know that I recently wrote the book, “Betrayal of Faith“. Some of you may have already read it; thank you and I hope you enjoyed it. For those that are not familiar with the book, “Betrayal […]

Ryan R. Bradley

Tort Reform Part One: Ten Key Facts

Amidst the the tort reform debate raging in Washington, the civil justice system comes to the rescue in the United Airlines matter.

Mark Bello

Traumatic Brain Injury Case against Federal Government Results in $33.8M Verdict

A Miami family was awarded $33.8 million in a 2013 medical malpractice lawsuit against a federally funded health clinic, after an obstetrician was found negligent during delivery of their baby. The clinic serves many of Miami’s low-income and uninsured residents. […]

T. Thomas Metier

In a Negligence Case Against Multiple Tortfeasors, What Happens When Some Parties Settle?

The law says that after the claimant settles with a joint tortfeasor, the claims against others “shall be reduced by the amount of the released person’s share of the obligation as determined by the trier of fact.”