LDM MedMal Forum
Verifying Lost Wages and the Collateral Source Rule
Picture the following. In response to a standard interrogatory that asks a plaintiff to list their alleged sources of damages, the plaintiff alleges their income was reduced to only 60% of their regular earnings while recovering from injury. At first glance, it might seem like you can calculate the [...]
Amendments to Rule 702 Aim to Tighten Standards for Expert Testimony
In the thirty years since the Supreme Court decided Daubert v. Merrill Dow Pharmaceuticals, the use of scientific evidence in the courtroom has produced much confusion. Although the scientific literacy of the judiciary has advanced considerably, the proper application of Daubert principles to expert testimony remains inconsistent. Federal Rule [...]
Supreme Court Significantly Expands Potential Nursing Home Liability
Earlier this month, the United States Supreme Court held residents of nursing homes that receive Medicaid funding can sue in federal court to enforce rights granted to them by the Federal Nursing Home Reform Act (“FNHRA”). This decision significantly expands potential nursing home liability. In Health and Hospital Corporation [...]
Misdiagnosed Ankle Sprain Leads to Amputation
A jury just came back. A fireman and his wife were awarded $7.6 million dollars in a medical malpractice lawsuit alleging a physician misdiagnosed a bacterial infection as an ankle sprain. The fireman alleged the misdiagnosis resulted in an eventual amputation of the lower portion of his leg. [...]
Nebraska Supreme Court Clarifies Summary Judgment Procedure, Likely Relaxes Defendant Physicians’ Burden
In Clark v. Scheels All Sports, Inc., 314 Neb. 49 (2023), the Nebraska Supreme Court hinted a longstanding paradigm that governed summary judgment procedure in medical malpractice actions is likely no more. Before Clark, a defendant physician could prevail on summary judgment by preparing and submitting an affidavit [...]
How Long Will It Last??
If you are a healthcare practitioner wondering if you will be sued someday, the numbers are in: According to a recent study, on average 7.4% of all physicians (regardless of specialty) had a medical malpractice claim annually. By age 45, 36% of physicians in low-risk specialties and 88% [...]
About the Blog
Experienced legal professionals discussing medical malpractice issues of interest to health care providers, risk managers, and attorneys.
