In the approximately thirty-two years in which I have held a law license, I have been privileged with the opportunity to be involved in some fairly high-profile cases. I’ve surely seen my share of bad actors and horrific injuries. But, my representation of many of the victims of Dr. Christopher Duntsch, probably “takes the cake.” In case you’ve been living
In the “good old days” surgeries were performed in hospitals and patients were kept for several days for observation. Now, all but the most major and complex of surgical procedures seem to be performed as “day surgeries” at out-patient surgery centers. Often, patients are released within hours of major surgery. I’ll have to tell a little story on myself. I
As attorneys, many of us have the opportunity and tremendous responsibility to help people in their time of suffering. For me, there are clients who came into my life after tragedy struck. Some of their stories will never leave me. I would like to tell you about Betty. She had just given birth to a healthy baby boy via a
Centers for Medicare Services (CMS) plays a major role in defining what constitutes acceptable medical care. As our population continues to age, and more Americans become Medicare eligible, the center’s influence will grow. The Centers for Medicare Services CMS (Medicare and Medicaid) currently pays over a trillion dollars a year for medical care, medication and medical devices and equipment. That
With all the hysteria leading up to the election and everything that has happened since, I am betting that some of you have stopped reading the newspaper and shut off the television. That is probably healthy. If you did, you missed some big legal news. A neurosurgeon was recently sentenced to life in prison in Dallas County. As many of
Rule 702 provides for the admission of expert opinion testimony if the expert is qualified based upon experience education and training, to give the opinion and the opinion will help the jury resolve an issue in the case. ARS § 12-2604 adds requirements for expert witnesses offering testimony in claims against health care providers. The statute applies to standard of
We cannot ignore the truth. Spoiler alert: preventable medical errors are the third leading cause of death in the United States. The leading cause of death in the United States is heart disease. It claims in excess of 611,000 lives each year and accounts for 25 percent of all deaths each year. There are billions of dollars devoted to research
Medical standards of care are influenced by direct and indirect factors. This article addresses some changes initiated by both The Patient Protection and Affordable Care Act of 2010 (Obamacare) and the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA). The standard of care requires health care providers to act with the knowledge and skill expected of others in the
The first time I handled a pill mill case I was 20 pounds thinner, had big permed hair and wore polyester. Back in the day, people didn’t understand much about pill mills, so this type of litigation was a true novelty. However, at long last, the prescription drug epidemic is taking its rightful place in the news and now almost
This article describes some common misperceptions about medical malpractice cases, the lawyers that file them and the expert witnesses who participate in them. It is written from my perspective as an attorney for both the patients and health care providers. Representing patients in medical malpractice cases has never been the path to easy riches it is portrayed to be in
In the approximately thirty-two years in which I have held a law license, I have been privileged with the opportunity to be involved in some fairly high-profile cases. I’ve surely seen my share of bad actors and horrific injuries. But, my representation of many of the victims of Dr. Christopher Duntsch, probably “takes the cake.” In case you’ve been living
In the “good old days” surgeries were performed in hospitals and patients were kept for several days for observation. Now, all but the most major and complex of surgical procedures seem to be performed as “day surgeries” at out-patient surgery centers. Often, patients are released within hours of major surgery. I’ll have to tell a little story on myself. I
As attorneys, many of us have the opportunity and tremendous responsibility to help people in their time of suffering. For me, there are clients who came into my life after tragedy struck. Some of their stories will never leave me. I would like to tell you about Betty. She had just given birth to a healthy baby boy via a
Centers for Medicare Services (CMS) plays a major role in defining what constitutes acceptable medical care. As our population continues to age, and more Americans become Medicare eligible, the center’s influence will grow. The Centers for Medicare Services CMS (Medicare and Medicaid) currently pays over a trillion dollars a year for medical care, medication and medical devices and equipment. That
With all the hysteria leading up to the election and everything that has happened since, I am betting that some of you have stopped reading the newspaper and shut off the television. That is probably healthy. If you did, you missed some big legal news. A neurosurgeon was recently sentenced to life in prison in Dallas County. As many of
Rule 702 provides for the admission of expert opinion testimony if the expert is qualified based upon experience education and training, to give the opinion and the opinion will help the jury resolve an issue in the case. ARS § 12-2604 adds requirements for expert witnesses offering testimony in claims against health care providers. The statute applies to standard of
We cannot ignore the truth. Spoiler alert: preventable medical errors are the third leading cause of death in the United States. The leading cause of death in the United States is heart disease. It claims in excess of 611,000 lives each year and accounts for 25 percent of all deaths each year. There are billions of dollars devoted to research
Medical standards of care are influenced by direct and indirect factors. This article addresses some changes initiated by both The Patient Protection and Affordable Care Act of 2010 (Obamacare) and the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA). The standard of care requires health care providers to act with the knowledge and skill expected of others in the
The first time I handled a pill mill case I was 20 pounds thinner, had big permed hair and wore polyester. Back in the day, people didn’t understand much about pill mills, so this type of litigation was a true novelty. However, at long last, the prescription drug epidemic is taking its rightful place in the news and now almost
This article describes some common misperceptions about medical malpractice cases, the lawyers that file them and the expert witnesses who participate in them. It is written from my perspective as an attorney for both the patients and health care providers. Representing patients in medical malpractice cases has never been the path to easy riches it is portrayed to be in
