- Bob Carroll | March 30, 2006 11:01 AM |
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Medical MalpracticeThere is a doctrine in the law of the State of Florida that frustrates justice and provides immunity to many medical providers. The doctrine requires that the damages awarded to a patient victim of medical malpractice are limited to only those "more likely than not" to have been caused by the misconduct. On the surface, this doctrine or rule (created in the Gooding Case) seems perfectly fair. ...
- Bob Carroll | March 30, 2006 9:58 AM |
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MiscellaneousWhen may a trial judge dismiss a lawsuit for a failure to provide court-ordered discovery to the opposing side? This question is important because the discovery process is a major portion of most litigated cases. And, it is sometimes difficult to provide complete and timely responses to requests for documents and information. A Florida Appellate Court has just held that it was error to...
- Bob Carroll | March 28, 2006 5:30 AM |
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Workplace InjuriesMost workers assume that injuries or deaths that occur on a worksite are exclusively covered by the Florida Workers' Compensation Laws. There are circumstances, however, when the law permits a claim under Workers' Compensation and what are called third party claims against other responsible persons or companies. Because the compensation scheme of the official Workers' Compensation program is...
- Bob Carroll | March 28, 2006 5:16 AM |
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Medical MalpracticeCan doctors and lawyers benefit from attending classes on medical malpractice together? More importantly, would the public (meaning patients and clients) be better off? ABC News reports on an experiment at a southern law school that may have some merit.Except for a crop of gray hair, the enrollees in Sean Byrne's malpractice course at the University of Richmond Law School look like normal...
- Bob Carroll | March 26, 2006 5:16 AM |
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Medical MalpracticeThe Piper Report has a slant on how health care professionals preserve their self-esteem to the detriment of patients.Medical Errors and Medical NarcissismMedical errors are rampant in American health care, particularly in physician and hospitals services. The human and economic costs are extraordinary. And because these mistakes are virtually 100 percent avoidable, so are the deaths, injuries,...
- Bob Carroll | March 23, 2006 6:26 AM |
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Medical MalpracticeYour doctor sends you for that critical MRI or x-ray. You feel that you are getting the best of medical care. But, are you about to fall through a crack and become a victim of medical malpractice? An article at Science Daily says there may be some reason for concern. Keeping Patients From Falling Through The Medical-imaging CracksEvery day in hospitals around the country, thousands of...
- Bob Carroll | March 21, 2006 5:38 AM |
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Defective & Dangerous ProductsChildren's flashlights sold at Target are the subject of a nationwide recall because of a lead paint hazard. The Little Tikes Co. Recalls Animal-Shaped Flashlights Containing Lead Paint Sold at TargetThe U.S. Consumer Product Safety Commission, in cooperation with the Little Tikes Co., of Hudson, Ohio, has announced a voluntary recall of Glowin' Dino and Glowin' Doggy Animal Flashlights. ...
- Bob Carroll | March 20, 2006 6:03 AM |
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MiscellaneousBryan Caulfield is one of my partners. He is also a magnificent trial lawyer. This month he has once again obtained an outstanding verdict in a Tampa Bay courtroom despite facing potential jurors poisoned and prepared to distrust injured plaintiffs and their attorneys. Bryan and our associate, Lorrie Robinson, who assisted him at the trial, spent four difficult days selecting jurors and...
- Bob Carroll | March 15, 2006 3:35 PM |
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Medical MalpracticeThe Wausau Daily Herald has three questions at the start of an article on the impact of caps on medical malpractice damages. I invite everyone to answer the questions and read the rest of the article before supporting any caps on damages.Malpractice caps only harm victims How much is the lifetime use of a right arm worth? What is fair compensation for spending 60 years blind because of a...
- Bob Carroll | March 15, 2006 7:12 AM |
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MiscellaneousEvery tort claim involves a victim, a real human who has suffered a loss. Sometimes that fact gets lost in the discussions of the "civil justice system" or the need for "tort reform." I meet every day with ordinary folks who have experienced extraordinary injury and grief at the hands of a wrongdoer. They ask for compensation knowing that, at best, it will never make them whole or return them...
- Bob Carroll | March 15, 2006 6:43 AM |
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MiscellaneousIt may be hard to believe but there are times when an insurance company can be required to provide coverage (to pay benefits) in situations where it never intended to do so. The legal theories that create the obligations have always been confusing and even confused with one another. A blogger has taken the time to post a long article that goes a long way to clarify the situation.Marc Mayerson...
- Bob Carroll | March 12, 2006 7:42 AM |
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MiscellaneousThere are times when someone's negligent act can cause significant emotional distress to another even though the distressed person has not, himself, been physically injured. The tragedy of watching your young child being injured by a car carelessly backed onto a sidewalk comes to mind. Should our system of justice permit a claim for compensation in these situations? From the Benjo Blog we have...
- Bob Carroll | March 04, 2006 9:21 AM |
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Medical MalpracticeThe recognition by the Florida Supreme Court that victims of medical malpractice should have the right to waive even constitutional limitations on legal fees in order to retain competent representation is being discussed in other states. One example of the attention being given to the Florida situation is at Day On Torts.The Florida Supreme Court ruled that the limitation of attorneys' fees in...
- Bob Carroll | March 04, 2006 8:38 AM |
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MiscellaneousFor over a week I have been in Montana on a vacation. Coming from Tampa Bay to Big Sky Country can be a physical and cultural shock. I have seen more open country around Big Sky than may exist in all of Florida. And, I have to say that bison, elk and moose make our Tampa Bay raccoon population look kind of puny. I could devote thousands of words to the beauty of majestic snow-covered...