Category Archives: Medical Malpractice Trial

Medical malpractice trials should only be pursued by an experienced litigator.

Do Hospitals and Doctors Lie During Medical Malpractice Lawsuits?

ProPublica recently published an interview with a retired doctor who admitted he lied under oath during a medical malpractice lawsuit twenty years ago. According to the doctor, he was lying to protect a colleague who had made a horrific surgery mistake. The mistake caused a stroke that left the patient permanently brain damaged. Attorneys representing the patient called in the doctor to comment on the competency and skill of the surgeon responsible for harming the patient. His dishonest testimony influenced the decision of the jury. Instead of siding with the victim, who was left permanently brain damaged, the jury sided with his colleague. There are also cases of hospitals falsifying medical records, but many of these attempts will be caught during the discovery phase of a lawsuit. For example, a hospital in South Carolina was recently ordered to pay $87,000 in attorney fees and legal costs after it provided altered…
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Joan Rivers’ Medical Malpractice Lawsuit Ends in Settlement

Almost two years ago, 81-year-old comedian and television personality Joan Rivers died during a laryngoscopy. A medical malpractice lawsuit filed against Yorkville Endoscopy by Rivers’ daughter, Melissa Rivers, claims that doctors were initially scheduled to perform a vocal-cord biopsy, a less risky procedure. Performing a laryngoscopy may have caused Rivers to go into cardiac arrest, which led to her death. An anesthesiologist present for the procedure even vocalized concerns about performing a laryngoscopy, and was worried it could impair Rivers’ ability to breathe. In addition to concerns prior to carrying out the operation, an investigation conducted by the Centers for Medicare and Medicaid Services uncovered numerous medical errors before and during the procedure. Doctors did not weigh Rivers before conducting the laryngoscopy, which made it difficult to know how much anesthesia to use. The lawsuit also claims that doctors did not receive consent from Rivers to perform the laryngoscopy and…
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Are Cruise Ship Doctors Liable for Negligent Actions?

Late last year we blogged about Franza v. Royal Caribbean Cruises, the 11th Circuit Court of Appeals and their historic ruling striking down the dated precedents set by the 1988 decision of Barbetta v. S/S Bermuda Star. The old “Barbetta rule” exonerated cruise lines from responsibility in the event of medical malpractice by the onboard physicians, claiming that the doctors were there for passenger convenience only and that the cruise line had no control over the doctor’s actions. The death of a Royal Caribbean cruise passenger from blatant medical malpractice forced the courts to reexamine the Barbetta rule, which was found to be outdated due to advances in technology and medicine. Royal Caribbean filed a motion for the 11th Circuit Court to revisit the case and to reconsider their judgment. The 11th Circuit responded with a unanimous “no.” Can Royal Caribbean Fight This Decision? The cruise line is still unsatisfied…
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