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Recording Medical Procedures for Patient Safety

As many as 98,000 Americans die every year as the result of surgical errors and mistakes made by hospitals (misdiagnosis, incorrect dosages, incorrect prescriptions, etc.).  The number could be even higher, as many of cases of malpractice are not even reported. Lawsuits arising from medical malpractice are usually long, drawn-out and complex. One thing that would […]

Physicians as “Expert Witnesses”

During a trial, the jury’s opinions and impressions about the case are critical.  One of the things I learned from my most recent trial was how the jurors weighed the testimony of expert witnesses. In a malpractice case, the plaintiff will have her experts; the defendant physician will have his.  In a lot of cases, jurors will conclude […]

Patient Safety, Medical Technology, and Malpractice

One of the reasons that medical malpractice occurs so frequently is increased reliance on computerized systems, automatic orders, and inadequate training on the proper use of medical technology and devices. Thankfully, the healthcare industry is starting to take note.  A recent article titled “New Medical Technology Poses Safety Problems if Users not Trained Properly,” published […]

Medical Malpractice and the “Apology Rule” Trick

As a medical malpractice attorney, I like to know the insurance defense industry’s tricks.  A recent article published by the Monthly Prescribing Reference discusses one of them.  The article addresses the frequent failure of health care providers to empathize with patients who have suffered as a result of adverse outcomes and medical malpractice.  These “expressions of empathy” are […]

Blaming Lawyers for Obstetrical Malpractice?

A recent article in Utah’s Deseret News suggests that the threat of medical malpractice lawsuits is causing obstetricians to perform unnecessary Cesarean sections.  C-sections are a medical procedure where a surgical incision is made through the mother’s abdomen to deliver the baby. The article restates outdated statistics published by the American Congress of Obstetricians and […]

Prescription Drug Overdose

I’ve previously written about the dangers of prescription drug malpractice, which often results in overdoses and even death.  Many of these cases involve drugs like OxyContin and Methadone. Today in the St. George News, there’s an article that discusses a new proposal that might help reduce the amount of deaths due to drug overdoses: good […]

Damages in Personal Injury Seminar: June 27

Along with some of Utah’s finest attorneys, I’ve been asked to present a seminar on damages in personal injury cases (you can register here) later this month.  As I’ve prepared, I realized that a lot of people who have been hurt by medical malpractice or negligence don’t quite know what to expect.  When I meet […]

Utah Medical Malpractice: Birth Injuries

Birth injuries not only have physical and emotional consequences, they also place a financial strain on the child’s family. I have seen families struggle with the costs of providing physical therapy, special schooling and other care needed for their children. When a birth injury is caused by the negligence of a doctor or other healthcare provider, the family […]

Utah Medical Malpractice Cases: What Are The Challenges?

Medical malpractice victims are treated as second-class citizens by Utah law. As a result, only a handful of law firms still handle these cases, and even fewer are successful. The odds favor the doctors and hospitals because the Utah State Legislature has enacted special laws to protect negligent doctors at the urging of powerful medical lobbyists. The […]

Utah Medical Malpractice Cases: Why Do They Take So Long?

One of the most frustrating things for clients in medical malpractice cases is how long the process can take.  Often, being the victim of medical negligence forces people to use the civil justice system for the first time.  It can be an intimidating and frustrating process, but ultimately, it results not only in help with […]