Personal Injury

You have a right to see your medical records.  Recent changes in the law and in federal regulations are increasing your rights in this area.  Know your rights and take advantage of them. If you have received medical treatment in the past couple of years, you have probably been invited to register to use a patient portal by your provider.  These portals have many uses.  You can schedule appointments, exchange messages with your provider and review your records.  These are all important and helpful actions and you should be sure to register and take advantage of them. Perhaps the most…
Medication errors can and do kill and injure patients in hospitals, outpatient clinics and as a result of doctor ordered prescriptions.  There are literally thousands of medications, which can be prescribed for patient use.  Many have confusing names.  Many have names which are very similar to those of other medications.  Many come in various dosage strengths.  In short, there are lots of ways to make mistakes in medication administration. People prescribe medications, fill prescriptions, issue medications in hospitals and deliver them to patients and people make mistakes.  The sheer number of medications, their similarities and their varying doses make human…
After years of fighting the proposal, hospitals in the United States were finally required to disclose their prices for the various services they provide.  The battle was long, hard and expensive.  Unsurprisingly, many hospitals and hospital chains are still in full resistance mode. The disclosure rule, which took effect on January 1, requires hospitals to disclose, not only their “sticker” price for various procedures and services, but also the discounts they give to insurance companies or health plans as well as what they charge uninsured patients.  The data are to be displayed prominently on a public web site.  The data…
There are many types of products that can cause harm to consumers and create liability on the part of a manufacturer.  A “defective product” is a term applied to a product that is designed or manufactured in a way that is unsafe for a particular use.  Motor vehicles and their component parts, such as brakes, tires, etc. may fail.  Or the vehicle may fail to protect the occupants, referred to as  “crashworthiness” defects.  Ever since the iconic Ford Pinto cases, in which the placement of the gas tank led to fire in a collision, the automotive industry has been more…
As anyone who observes our health care delivery system in action knows, hospitals are hotbeds of medical errors.  It is not all their fault but it is a fact.  There are so many people participating in patient care.  There are so many medications being ordered and delivered.  There is so much communication between providers, which can lead to misunderstandings.  As the old proverb states, “To err is human.”  We are all humans and we all make mistakes.  However, rather than admit their mistakes, hospitals actively hide them. It is easy to understand why hospitals want to hide evidence of their…
COVID-19 Liability Shield Laws COVID-19 Liability Shield Laws, many states have taken action shielding certain business from liability relating to Covid-19.   Arizona is on the same tract.  Currently SB 1377  is making its way through the Arizona legislature.  If passed by the legislature and signed by Governor Ducey the new law would provide immunity from liability for healthcare professionals or institutions when the governor declares a state of emergency resulting from a health pandemic. The law would enact two statutes. The first statute would protect (ARS 12-515) business owners and the second (ARS 12-516) would protect healthcare providers.  The later…
This is a tale of two estates. The Estate of Lisa:  Lisa was a well-respected estate planning attorney who knew the benefit of a trust-based estate plan, which includes a Revocable Living Trust “Trust.” Lisa left behind a very simple and very old Last Will and Testament because she thought revising her estate plan to adequately address her multiple properties in various states would upset her second husband. Her out-of-state and grieving family now must wrestle with the cost, hassle, time and uncertainty of multiple probates in various states, and her second husband is understandably upset. The Estate of Susan:…
A recurring theme in American political life is the insistence that consumers are the victims of rapacious medical malpractice lawyers, who sue at the drop of a hat and whose actions raise health care costs for all of the rest of us.  Some politicians, mostly Republicans, hold this belief as a matter of faith, even though they have never looked to see whether there is any truth to it or not.  There is not and here is an impressive study which shows that tort reform is just another way of making life easier and richer for malpractice insurance companies and…
In a now deleted video of a live domestic abuse pre-trial hearing, viewers were able to see one of the main concerns of virtual/remote court proceedings play out in real time. Extreme threat to personal safety and security was at stake, and it was the quick thinking of the prosecutor and the police that brought it to a safe resolution. While taking testimony from a domestic abuse victim in a Brady Bunch like Zoom meeting, a screen view that has become familiar to most of us, the prosecutor became concerned that the defendant was in the same location as the…