Attorneys at Law

Archive for Medical Malpractice Myths

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 The article restates outdated statistics published by the American Congress of Obstetricians and […]

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 […]

Florida Strikes Down Damage Caps in Wrongful Death Cases Caused by Medical Malpractice

As reported here, Florida’s Supreme Court recently struck down that state’s damage cap in medical malpractice cases. This is a great development for the rights of victims of medical negligence. Damage caps do not benefit the general public and result mainly in limiting citizens’  rights of redress. Laws imposing limits on recovery for the wrongdoing […]

Financial Incentives for Medical Malpractice?

An interesting study published in the Journal of the American Medical Association reveals that hospitals benefit financially from medical errors. If you think about it, it makes sense.  If a doctor or nurse provides negligent medical care that results in greater harm to the patient, the patient will have to stay longer, undergo additional procedures, […]

The Real Medical Malpractice Crisis

Politicians and special interest lobbyists love to use the spectre of a “medical malpractice crisis” to justify taking away constitutional rights to jury trials in health care negligence cases.  But the real crisis is not some imaginary explosion in “frivolous lawsuits” or “lottery verdicts”–the real crisis is medical malpractice itself. The AARP recently published an […]

Malpractice Myths: Reaping What You Sow

The year is almost up, and so far, I’ve had over a hundred Texans contact me and ask for me to help them file a medical malpractice case in their home state.  My license and practice are in Utah…so why are they calling me?  Texas is a big place, so why can’t they find a […]

The Right Lawyer for the Job

One of my first jobs was working construction with my dad during the summers when I was in high school.  Although he had a general contractor’s license, he really considered himself a finish carpenter–he was always good with details.  He taught me that even though he could probably figure out how to do the various […]

Health Care Negligence and Keeping Secrets

Health Leaders Media recently reported that a startlingly high percentage of health care providers fail to disclose their errors due to fears of reprisal or retaliation. As a medical malpractice lawyer, I’ve never understood why hospitals and health care corporations don’t just admit their mistakes and compensate the injured patient.  They would put my colleagues […]