Medical Justice Blog

The information presented on this site is for general educational purposes only. It is not specific medical or legal advice. Nothing on this site should be construed as establishing a doctor-patient or attorney-client relationship.

Emotional Distress in Witnessing CPR – A Jury Decides

Families are pivotal in helping patients recover. They advocate for their loved ones. They give encouragement to rehabilitate. They provide reasons to push harder to live. What happens when a patient deteriorates in front of the family and a code is called? Sometimes the family … Read more
Medical Justice

A 37 Year Old Neurosurgeon Just Died From Cancer. His Words Are Immortal.

In his sixth year of neurosurgical residency at Stanford, Dr. Paul Kalanithi developed night sweats, back pain, and cough. His weight dropped precipitously. In May, 2013, he was diagnosed with stage 4 non-small cell EGFR positive lung cancer. He had never smoked.   He was … Read more
Medical Justice

Pioneers Take Arrows. Staying Safe When You Are Leading Innovation.

As medical innovation evolves, someone is the first person to do a procedure. If the results are great – wonderful. What happens if the results are great most of the time, but one patient out of 100 has a horrible complication? If that patient sues … Read more
Medical Justice

Are Doctors Responsible or Liable for the Germanwings Crash?

Recently, co-pilot Andreas Lubitz locked himself in the cockpit of a Germanwings plane and intentionally caused the plane to crash, killing himself and 149 passengers and crew. We are learning new information daily. Apparently, he had a doctor’s note declaring him unfit for flying on … Read more
Medical Justice

Timing of Pulling the Plug

What’s the difference between an optimist and a pessimist?   An optimist believes these are the best of times.   A pessimist is afraid he’s right.   It’s an old joke. But, it exemplifies how we expect things will turn out.
Medical Justice

Nationalizing Expert Review Panels

A handful of states mandate that medical malpractice cases first be reviewed by panels of experts. These panels rule on the merits of a case. They conclude the standard of care was violated or it wasn’t.   In the states that use such panels, such … Read more
Medical Justice

That’s a Bummer

Dr. Orlito Trias was sued for negligence. The lower court awarded $4 million in damages. A summary of the case was presented on the Connecticut State Medical Society website. The case claimed that during a preoperative consultation for the removal of fibroid tumors, Dr. Trias … Read more
Medical Justice

Notes from a Plaintiff’s Attorney: Medicolegal Issues in Treating Minors – Part 2

We continue with our series of general educational articles penned by one attorney, an MD, JD, giving you a view of the world through a malpractice plaintiff attorney’s eyes. This attorney is a seasoned veteran.  The series includes a number of pearls on how to … Read more
Medical Justice

Notes from a Plaintiff’s Attorney: Medicolegal Issues in Treating Minors – Part 1

We continue with our series of general educational articles penned by one attorney, an MD, JD, giving you a view of the world through a malpractice plaintiff attorney’s eyes. This attorney is a seasoned veteran.  The series includes a number of pearls on how to … Read more
Medical Justice

Notes From a Plaintiff’s Attorney: Medical Malpractice Versus Criminal Negligence

We continue with our series of general educational articles penned by one attorney, an MD, JD, giving you a view of the world through a malpractice plaintiff attorney’s eyes. This attorney is a seasoned veteran.  The series includes a number of pearls on how to … Read more
Medical Justice