Legal
It Seems Everything is Bigger in Texas
Michael J. Sacopulos, Esq.
Earlier this month, the Supreme Court of Texas ruled that the medical malpractice statutes of the state cover a patient’s death from a spider bite. Classie Reed was a patient at the Omaha Health Care Center when she was bitten by a brown recluse spider. The spider bite ultimately resulted in Ms. Reed’s death. At issue is whether the claim was one that resided in medical malpractice or in ordinary negligence.
No Day In Court for a Minnesota Physician Who Was Slammed On Line
Michael J. Sacopulos, Esq.
Westlaw Journal recently reported that a judge has dismissed a lawsuit filed by a Duluth neurologist who claimed he was defamed by a patient’s son that criticized his bedside manner.
Dr. David McKee alleged in his lawsuit that Dennis Laurion of Duluth made false statements about McKee’s treatment of Laurion’s father to the American Academy of Neurology, St. Luke’s Hospital, colleagues and several internet websites that “solicit physician reviews and ratings.” Laurion alleged McKee failed to treat his father with dignity following a stroke. Further, Laurion posted that McKee treated his father as a “task and charting assignment.”
The Neville Chamberlain Analysis: The Legal Consequences of Physician Security at Any Price
Journal of American Physicians and Surgeons Volume 16, Number 2, Summer 2011 By: Jeffrey Segal, MD, JD, and Michael Sacopulos, JD Download legal_consequences_of_physician_employment
Discount Medicine. Participating in group savings programs could bring heavy costs.
Florida Medical Magazine 2011, Summer By: Jeffrey Segal, MD, JD, FACS, et al.and Michael Sacopulos, JD Last week, I received a Groupon alert for a local restaurant I like. For those of you living under a rock, Groupon is a social networking group discount program. Here’s how it works. A local merchant, like a restaurant … Read more
Caps on Pain and Suffering: On the Defensive Across the US.
Jeff Segal, MD, JD, FACS
Some phenomena oscillate in cycles – the economy, hem lengths, the political party in office. And attacks on hard-fought tort reforms.
Last year, Georgia and Illinois saw their caps on pain and suffering ruled unconstitutional. Caps help keep professional liability premiums within “more” reasonable ranges. Once premiums start rising, doctors head for the borders.
The field is busy this year with pending attacks on constitutionality (and other legal foundations) in a number of other states. As reported in AmedNews, the lineup is a follows.
It’s Me, Not You: Further Adventures with Social Media
Michael J. Sacopulos, Esq.
A survey by the American Academy of Matrimonial Lawyers published through Loyola Medical School found that “Facebook holds the distinction of being the unrivaled leader for online divorce evidence with 66% citing it as the primary source.” Also, more than 80 percent of divorce lawyers reported they “have seen an increase in the number of cases using social networking evidence” during the past few years. This is mounting evidence which proves the power social media has on litigation.
E-Guilt: Social Media and the Murder Trial of Casey Anthony
Michael J. Sacopulos, Esq.
Social media appears to have had an impact on jury selection in the murder trial of Casey Anthony, 25, charged with killing her two-year-old daughter Caylee, in 2008.
According to the Associated Press, as prospective jurors answered questions about their background and qualifications to serve, lawyers instantly checked their responses against postings on online media sites such as Facebook and Twitter.
Troubles in Kansas
Michael J. Sacopulos, Esq.
On May 4, 2011, the United States District Court in Kansas allowed a plaintiff to insert an administrative negligence claim against a hospital administrator. The claim arises out of alleged permanent injuries to the newborn child of Sandra and Edwin Deya. The Deyas claim that a hospital administrator failed to create, develop, and refine policies and protocols for newborn care at Hiawatha Community Hospital. The Deyas went on to argue that the absence of appropriate policies and protocols contributed to the injuries suffered by their newborn child.
Hiawatha Community Hospital moved to dismiss this claim based on the fact that there was no physician patient relationship between the hospital administrator, Dr. Rosa, and the Deyas’ child. The defense cited the Kansas Supreme Court’s position that absent a physician patient relationship there can be no liability for medical malpractice.
How We Do It
Medical Justice is sensitive to the fact there are legitimate claims by patients who have been harmed by negligent care. But the fact remains that the majority of medical malpractice cases are ultimately deemed without merit. We harness the principles of medicine, law, and business to defeat dishonest plaintiffs, unethical medical malpractice attorneys, and unscrupulous expert witnesses.
Medical Justice Members are licensed to use Medical Justice’s intellectual property; deterring meritless legal actions, creating a critical practice infrastructure to strengthen the future use of legal remedies should a frivolous suit be pursued.
