Accident and Injury Lawyer Blog

A Kentucky jury has ordered a doctor’s malpractice insurance company to pay $3.8 million for acting in bad faith by delaying payment on aclaim it knew its client was liable for, the Louisville Courier-Journal reports. The insurance company initially offered the Plaintiff $75,000 to settle her case despite the fact that the malpractice insurance company estimated the case to be worth $1 million. Typical stuff that does not surprise any malpractice lawyers. Plaintiff was left permanently disabled after her doctor botched a cosmetic procedure the doctor suggested Plaintiff had while she underwent a hysterectomy.

Posted by Ronald V. Miller, Jr. | Permalink | Email This Post

Posted In: Kentucky , Medical Malpractice

Bookmark:

A Kentucky jury awarded $3 million to a woman in a medical malpractice case against a doctor who it found improperly attaching a hose that helps pump blood and oxygen during relatively routine heart surgery. A hospital co-defendant had already settled with the Plaintiff.

The total verdict was The total verdict was $9,864,175.78 but the jury found the doctor to 31% responsible.

Posted by Ronald V. Miller, Jr. | Permalink | Email This Post

Posted In: Kentucky , Medical Malpractice

Bookmark:

Medical malpractice lawyers filed an informed consent lawsuit last week accusing a doctor of amputating a man’s penis without his consent. In the lawsuit, a Kentucky man alleges that the doctor was only authorized to perform a circumcision. What happened – right or wrong - was the doctor did what he thought he should to save the patient’s life when he found cancer during the operation.

I won't prejudge this lawsuit without hearing the evidence. I can certainly imagine a scenario where a doctor finds cancer during a routine operation and does what the doctor believes he must do to save the patient. The Plaintiff affirmed the doctor’s prerogative in this regard by signing a consent form acknowledging that unforeseen conditions discovered during the circumcision "may necessitate additional or different procedures." But I would reserve judgment on the merits of the case because it really depends on whether reasonable minds could differ as to what was the appropriate course.

But I find disturbing that the lawsuit seeks punitive damages. Unless facts in the case exist that were not included in the Courier-Journal article I read, there is no malice or even recklessness in a doctor - right or wrong - making a decision to try to save a patient's life.

One thing John McCain does that drives me nuts is to vilify everyone who does not agree with him as "corrupt" or as "violators of the public's trust." I think this lawsuit is a cousin of that mentality. We can have an honest conversation about whether the doctor was negligent in this case. But for an award of punitive damages, Kentucky law requires that the plaintiff show “clear and convincing” evidence that a defendant acted with oppression, fraud or malice. Is there even a scintilla of evidence that that is what occurred here?

Posted by Ronald V. Miller, Jr. | Permalink | Email This Post

Posted In: Kentucky , Medical Malpractice

Bookmark:

My two volume treatise Insurance Settlements is now available from James Publishing. The book discusses how to position a lawyer's car accident, truck accident, medical malpractice or product liability case to the best possible settlement at every step along the way (until the state's high court affirms the judgment).

Click on the James Publishing link. If you have any comments on the book, please email me at ronmiller@millerandzois.com under the subject "Insurance Settlements Comments."

Posted by Ronald V. Miller, Jr. | Permalink | Email This Post

Posted In: Alabama , Alaska , Arizona , Arkansas , California , Car Accidents , Colorado , Connecticut , Delaware , Florida , Georgia , Hawaii , Idaho , Illinois , Indiana , Iowa , Kansas , Kentucky , Lawyer Blogs of Interest , Louisiana , Maine , Maryland , Massachusetts , Medical Malpractice , Michigan , Minnesota , Mississippi , Missouri , Montana , Nebraska , Nevada , New Hampshire , New Jersey , New Mexico , New York , North Carolina , North Dakota , Nursing Home Abuse , Ohio , Oklahoma , Oregon , Pennsylvania , Product Liability , Puerto Rico , Rhode Island , South Carolina , South Dakota , Tennessee , Texas , Truck Accidents , Utah , Vermont , Virginia , Washington , Washington DC , West Virginia , Wisconsin , Wyoming

Bookmark:

Garrard County, Kentucky Judge Janet Booth sentenced a woman to jail for three days for wearing short shorts to court, according to the Herald Leader in Kentucky. Apparently, this was the woman’s third court appearance and she had been warned on two previous occasions.

Regardless of your view on whether this was appropriate (personally, I think we have more pressing problems with our criminal justice system and its defendants), I think it is reasonable to say three days is way over the top. The defendant had to be transported to the Boyle County jail because the Lincoln County jail, which normally holds prisoners in Garrard County, had no room for her. Taxpayers should question whether it was worth spending so much money and effort over a point that could have been made – if it even needed to be made – in a half hour.

Thanks to Above the Law for the link although we come at it from two very different angles.

Posted by Ronald V. Miller, Jr. | Permalink | Email This Post

Posted In: Kentucky

Bookmark:

Our lawyers are reviewing Byetta claims after the FDA announced this week that the diabetes drug has been linked to severe pancreatic problems in dozens of patients. On Monday, the FDA warned patients taking Byetta to discontinue use if they develop symptoms of the disorder. Further the FDA said that doctor prescribing Byetta should consider other prescription options for patients with a history of pancreas problems.

Since Byetta was introduced into the United States in 2005, more than 700,000 patients have used the Byetta.

Our lawyers are now exploring potential Byetta lawsuits. If you would like to discuss your case with a Byetta lawyer, call 800-553-8082 or click here for a free consulation/case evaluation (or even to answer any question you may have). For more information on Byetta and the concerns with Byetta, click here.

Posted by Ronald V. Miller, Jr. | Permalink | Email This Post

Posted In: Alabama , Alaska , Arizona , Arkansas , California , Colorado , Connecticut , Delaware , Florida , Georgia , Hawaii , Idaho , Illinois , Indiana , Iowa , Kansas , Kentucky , Louisiana , Maine , Maryland , Massachusetts , Michigan , Minnesota , Mississippi , Missouri , Montana , Nebraska , Nevada , New Hampshire , New Jersey , New Mexico , New York , North Carolina , North Dakota , Ohio , Oklahoma , Oregon , Pennsylvania , Product Liability , Puerto Rico , Rhode Island , South Carolina , South Dakota , Tennessee , Texas , Utah , Vermont , Virginia , Washington , Washington DC , West Virginia , Wisconsin , Wyoming

Bookmark:

Last week, Digitek manufacturer Actavis Totowa recalled over 65 different drugs made at their New Jersey manufacturing plant. The list of recalled drugs (in some form or another) includes such generic drugs as Bellamine, Buspirone, Carisoprodol, Oxycodone Meperidine, and Rifampin. This strengthens the conclusion that the New Jersey plant that made these drugs may be the cause of irregularities in Actavis medications.

In April 2008, Actavis recalled Digitek, a drug prescribed to treat heart failure and irregular heartbeat because it was discovered that Digitek tablets appeared to have double the thickness – and likely double the active ingredient – listed on the label. When Digitek is given in abnormally high doses it can lead to digitalis toxicity which, paradoxically, worsens the problems Digitek is intended to treat, causing nausea or lower blood pressure and other side effects from the Digitek overdose that can lead to the increased risk of stroke or a heart attack.

If you would like to speak to a Digitek recall lawyer about a potential Digitek lawsuit, call 1-800-553-8000. For more information on the Digitek overdose recall or a free consultation on your potential Digitek case, click here.

Posted by Ronald V. Miller, Jr. | Permalink | Email This Post

Posted In: Alabama , Alaska , Arizona , Arkansas , California , Colorado , Connecticut , Delaware , Florida , Georgia , Hawaii , Idaho , Illinois , Indiana , Iowa , Kansas , Kentucky , Louisiana , Maine , Maryland , Massachusetts , Medical Malpractice , Michigan , Minnesota , Mississippi , Missouri , Montana , Nebraska , Nevada , New Hampshire , New Jersey , New Mexico , New York , North Carolina , North Dakota , Ohio , Oklahoma , Oregon , Pennsylvania , Product Liability , Puerto Rico , Rhode Island , South Carolina , South Dakota , Tennessee , Texas , Utah , Vermont , Virginia , Washington , Washington DC , West Virginia , Wisconsin , Wyoming

Bookmark:

Zimmer's Durom Cup hip implants are likely to be the subject of a good number of lawsuits from patients with the Zimmer implants. But they will not be the only ones. Apparently, Zimmer’s own shareholders may agree that Zimmer left its hip implant on the market way too long. Last week, shareholders of Zimmer stock filed a class action in Indiana. Interestingly, the lawsuit seeks damages for shareholders who purchased stock between January 28, 2008 and July 21, 2008. This tells our Zimmer hip implant recall lawyers that these shareholders believe that Zimmer knew or should have known and issued a recall on or before January 28, 2008.

If your Zimmer Durom hip resurfacing cup was defective, call our Zimmer hip implant lawyers at 1-800-553-8082 or click here for a free consultation.

More information on the Zimmer Hip Implant Recall
History of the Zimmer Durom Cup Hip Implant Recall
More information on the Zimmer hip implant recall lawsuits

Posted by Ronald V. Miller, Jr. | Permalink | Email This Post

Posted In: Alabama , Alaska , Arizona , Arkansas , California , Colorado , Connecticut , Delaware , Florida , Georgia , Hawaii , Idaho , Illinois , Indiana , Iowa , Kansas , Kentucky , Louisiana , Maine , Maryland , Massachusetts , Michigan , Minnesota , Mississippi , Missouri , Montana , Nebraska , Nevada , New Hampshire , New Jersey , New Mexico , New York , North Carolina , North Dakota , Ohio , Oklahoma , Oregon , Pennsylvania , Product Liability , Puerto Rico , Rhode Island , South Carolina , South Dakota , Tennessee , Texas , Utah , Vermont , Washington , Washington DC , West Virginia , Wisconsin , Wyoming

Bookmark:

The Missouri Supreme Court ruled in Sides v. St. Anthony's Medical Center, that plaintiffs in a medical malpractice cases in Missouri may rely on an expert's opinion that the injury would not have happened in the absence of the defendants' negligence even without a specific proof of a negligent act. The court adopted the Restatement of Torts rule that if a medical malpractice plaintiff cannot demonstrate which specific act of negligence caused the injury but is able to demonstrate the potential causes are within the control of the doctor, and the injury would not occur in the absence of negligence, then a medical malpractice plaintiff has jumped over the motion to dismiss/summary judgment hurdle.

The defendant’s medical malpractice lawyer argued that Hasemeier v. Smith, 361 S.W.2d 697 (Mo. banc 1962), an OB/GYN medical malpractice case, was controlling. In that case, the court found that generally res ipsa loquitur is not applicable in medical malpractice cases. The Missouri Supreme Court did not overrule Hasemeier but it may as well have.

The Missouri high court’s ruling in this case is consistent with common sense and, as the court noted, the trend in many other states including Kentucky, Nebraska and New York.

Posted by Ronald V. Miller, Jr. | Permalink | Email This Post

Posted In: Kentucky , Medical Malpractice , Missouri , Nebraska , New York

Bookmark:

Jury Verdict Research(r) study reports that rotator cuff injuries reached a 7-year high in 2006 with a compensatory award median of $72,667. This is almost 50% higher than previous reported settlements and verdicts in rotator cuff injury cases.

Our lawyers have never understood while the national data in these cases was so low. Washington D.C. rotator cuff injuries have averaged well over $100,000 for rotator cuff settlements and verdicts so we have never understood why the national average was as low as it has been. In any event, for whatever reason, rotator cuff verdicts are on the rise.

Our lawyers handle rotator cuff injury cases throughout the United States. Our lawyers have handled scores of rotator cuff injuries in car and truck accidents, typically in side collision or "T-bone" accidents. Our lawyers believe that insurance companies do not give fair value in most rotator cuff injury cases and our lawyers will fight to get you the financial compensation you deserve. Call a rotator cuff lawyer to protect you at 800-553-8082 or click here for a free consultation and case evaulation.

Related Posts

What Is the Value of Your Personal Injury Claim? (how the value of rotator cuff and other person injury settlements are calculated)

Sample Demand Letter (sample letter demanding settlement in a personal injury case)

Handling Your Claim Without a Lawyer (tips and pratfalls)

Posted by Ronald V. Miller, Jr. | Permalink | Email This Post

Posted In: Alabama , Alaska , Arkansas , California , Car Accidents , Colorado , Connecticut , Delaware , Florida , Georgia , Hawaii , Idaho , Illinois , Indiana , Iowa , Kansas , Kentucky , Louisiana , Maine , Maryland , Massachusetts , Michigan , Minnesota , Mississippi , Missouri , Montana , Nebraska , Nevada , New Hampshire , New Jersey , New Mexico , New York , North Carolina , North Dakota , Ohio , Oklahoma , Oregon , Pennsylvania , Product Liability , Puerto Rico , Rhode Island , South Carolina , South Dakota , Tennessee , Texas , Truck Accidents , Utah , Vermont , Virginia , Washington , Washington DC , West Virginia , Wisconsin , Wyoming

Bookmark:

Lawyers representing Digitek overdose victims have filed nine lawsuits in New Jersey against Actavis Totowa LLL and its parent company Actavis Group, alleging a manufacturing defect in Digitek, namely that some Digitek tablets have contained twice the active ingredient of the drug. Digitek recall lawsuits have also been filed in West Virginia and California.

Our Digitek recall lawyers are reviewing these Digitek overdose cases in all 50 states expecting that a consolidated class action lawsuit will be appropriate (as opposed to this scatting of individual cases). If you want to discuss your case with one of our Digitek lawyers call us at 800-553-8082 for a free consultation or click here for a free Internet consultation.

Posted by Ronald V. Miller, Jr. | Permalink | Email This Post

Posted In: Alabama , Alaska , Arizona , Arkansas , California , Colorado , Connecticut , Delaware , Florida , Georgia , Hawaii , Idaho , Illinois , Indiana , Iowa , Kansas , Kentucky , Louisiana , Maine , Maryland , Massachusetts , Michigan , Minnesota , Mississippi , Missouri , Montana , Nebraska , Nevada , New Hampshire , New Jersey , New Mexico , New York , North Carolina , North Dakota , Ohio , Oklahoma , Oregon , Pennsylvania , Product Liability , Puerto Rico , Rhode Island , South Carolina , South Dakota , Tennessee , Texas , Utah , Vermont , Virginia , Washington , Washington DC , West Virginia , Wisconsin

Bookmark:

The Maryland Injury Lawyer Blog offers one view of a recent Kentucky Supreme Court medical malpractice opinion. The Kentucky Tort and Insuarnce Journal takes a different view.

Posted by Ronald V. Miller, Jr. | Permalink | Email This Post

Posted In: Kentucky , Medical Malpractice

Bookmark:

Karla Ward of the Kentucky Herald Leader reports that the Kentucky Medical Association has tort reform on the agenda for this legislative session. Specifically, doctors say they want a constitutional amendment that would eliminate frivolous medical malpractice lawsuits.

The article does not articulate specifics. But is hard to imagine any scenario where this is going to happen. The national trend is to acknowledge the "medical malpractice crisis" was hardly a crisis at all but rather at high point in the highs and lows of medical malpractice claims.

The article also mentions a study that was done showing a shortage of doctors in Kentucky. I have not read this study but it seems like a dozen or so get release every year coincidentally just before the state legislative session. Unless a study is done by a truly independent party, it is difficult to lend it much credibility.

Posted by Ronald V. Miller, Jr. | Permalink | Email This Post

Posted In: Kentucky , Medical Malpractice

Bookmark:

Welcome to our blog covering injury law and policy throughout the United States.

Posted by Ronald V. Miller, Jr. | Permalink | Email This Post

Posted In: Alabama , Alaska , Arizona , Arkansas , California , Colorado , Connecticut , Delaware , Florida , Georgia , Hawaii , Idaho , Illinois , Indiana , Iowa , Kansas , Kentucky , Louisiana , Maine , Maryland , Massachusetts , Michigan , Minnesota , Mississippi , Missouri , Montana , Nebraska , Nevada , New Hampshire , New Jersey , New Mexico , New York , North Carolina , North Dakota , Ohio , Oklahoma , Oregon , Pennsylvania , Puerto Rico , Rhode Island , South Carolina , South Dakota , Tennessee , Texas , Utah , Vermont , Virginia , Washington , Washington DC , West Virginia , Wisconsin , Wyoming

Bookmark: