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  • Wrongful Testicle Removal Prompts Lawsuit
    Having a testicle biopsy is one thing. Waking up to find the testicle surgically removed is another. This case is a difficult one and one that the plaintiff never dreamed would ever happen. The story unfolded fairly quietly to begin with when 23-year-old Karl Ruby (names have been changed to...
  • Texas Medical Malpractice Reform and More Docs, part 2
    Last week we posted about the New York Times article on the alleged influx of doctors as a result of Texas's medical malpractice reform.  Since then, the New York Personal Injury Blog has chimed in (with interesting stats that we wish we had thought to look for), and Bill Childs...
  • Medical Malpractice: Avoid Unnecessary Surgeries
    One of the byproducts of the national healthcare debate has been an increasing awareness that medical costs are high, at least in part, because of unnecessary surgeries, tests, and other procedures that have been ordered to simply line the pockets of the providers. Recently, our office has received inquiries relating...
  • Medical Malpractice, Dead By Mistake, and Wrong Site Surgery
    Richard Flagg entered Meadowland Hospital in Secaucus, NJ with a diseased lung. Unfortunately, his surgeons accidentlally removed his healthy lung, leaving behind a tumor in his diseased lung. Mr. Flagg survived for three years, attached to oxygen, until the tumor ruptured and he drowned in his blood. This is one...
  • Why Isn’t There More Outrage About Medical Malpractice Deaths?
    The Hearst family of newspapers and television stations has put together, Dead By Mistake, an unprecedented look at medical malpractice deaths. This was a massive project, and there are several aspects that I want to look at over the next few days, but the focus of today is, "Why Aren't...
  • Surgeons: Use Us Because We’re Easy To Sue?
    Last week, noted blogger, Doctor Rich had a post examining the American College of Surgeons’ advice regarding medical tourism, where a patient travels outside the United States to obtain medical care. No shocker, but American surgeons aren’t fans of the practice, and they did their best to give reasons why...
  • Dallas Morning News: Malpractice Caps Not Reducing Health Costs
    Today's Dallas Morning News ran a story that looked at whether the cost of health care has declined since the adoption of Texas's medical malpractice caps.  The evidence concludes that the caps aren't reducing health care costs for consumers. Six years after the caps were passed, the doctors have enjoyed...
  • Study Finds Texas Medical Malpractice Reforms Are Discriminatory
    In 2003, the Texas legislature adopted sweeping medical malpractice reforms, including putting a cap on the amount of non-economic damages that plaintiffs could recover. Up unitl now, we've had a lot of anecdotal evidence that the caps were unfair, but earlier this week, four law professors (including three from the...
  • Tort reform measures help patients “receive the justice they deserve.” Are you kidding me?
    I thought this was a case that we could all agree upon. David Fitzgerald went to his doctor to receive medical treatment and ended up with an infection that led to the amputation of both arms and legs. The case went to trial in February, and Fitzgerald prevailed. A jury...
  • A Tale of Two Stories on Texas Medical Malpractice Reform
    In the last few days, two stories have circulated about Texas medical malpractice reforms, and each of the stories has drawn wildly differing opinions about the success of the reforms.  Over the weekend, former Texas representative Joe Nixon, one of the primary backers of tort reform, wrote an editorial in...