Tatum O’Brien

Medical Malpractice Claims and the Loss of Chance Doctrine

The “loss of chance” doctrine allows patients to recover when a doctor’s negligence reduces their chance of survival. Essentially, a doctor can be held liable for the value of the patient’s “lost chance” at surviving by negligent actions like delayed […]

Chris Nace

When Are Pharmacy Mistakes Considered Malpractice?

A few months ago, I wrote a blog about human errors comprising one of the leading causes of death in U.S. hospitals and how many healthcare facilities called these events “nevers” (as in, they should never have happened in the first […]

Mark Bello

Maryland Medical Negligence Case Shows the True Effects of Tort Reform

In our legal system, a person injured through the negligence of another can file a lawsuit seeking monetary compensation for damages. The Seventh Amendment to the Constitution ensures that civil cases can be heard and decided by a jury of […]

Chris Nace

Can You Sue a Doctor for Lying? The Truth May Surprise You.

Anyone familiar with the Hippocratic oath understands the undeniable bond between medical care and ethics—ideally, physicians are driven by the desire to help patients, not hurt them. Yet, harm does sometimes occur, and patients have the right to hold such […]

Rick Shapiro

Surgical Patient Can Proceed With Lawsuit Against Doctor

A couple in Cumberland County, North Carolina may proceed with a medical malpractice lawsuit against Village Surgical Associates and practicing physician Michael S. Bryant, based in Fayetteville, North Carolina, according to a ruling by the North Carolina Supreme Court.  The 4-2 […]

Mark Bello

Judge Denies New Trial in $53 Million Medical Malpractice Verdict

A judge recently upheld most of a jury’s $53 million medical malpractice verdict awarded to a woman and her 12-year-old son who was born with cerebral palsy and an intellectual disability. Twelve years ago, the woman was about 40 weeks […]

David Mittleman

MSU, Actions Speak Louder Than Words

Michigan State University Gymnastics Head Coach Kathie Klages has been at the helm of their program for over 27 years.  I have never met Kathie and it’s unlikely we will meet at a gymnastics competition, but I know a lot […]

David Mittleman

MSU, I Understand the “Nuanced Difference” between Sexual Assault and Appropriate Medical Procedures

Michigan State University’s Title IX Office, which investigates gender discrimination claims, including allegations of sexual assault and harassment, determined what?  They determined she “didn’t understand the ‘nuanced difference’ between sexual assault and an appropriate medical procedure.”  Are you kidding me!  […]

David Mittleman

MSU Investigation Reveals Facts Far Worse than PSU

Michigan State University was named as a defendant today in our first Notice of Intention to File a Claim in the Court of Claims pursuant to MCL 600.6431, on behalf of a minor.  The Notice alleges on at least 8 […]

Mark Bello

Comparative Negligence: How Most States Deal with Cases Where Multiple Parties Cause Tragedy

I recently read an article about a case against Subaru that was scheduled for trial. The West Virginia lawsuit resulted from a fatal wreck on April 2, 2009. A 2002 Ford Explorer crossed the center line and hit a 1999 Subaru […]