Personal Injury

I recently read an interesting summary of a medical malpractice case in which the doctor overextended himself and one of his patients died.  The lesson for doctors, which should apply to all the rest of us as well, is don’t let yourself get backed into a corner where you won’t have the ability to respond to developing problems. The doctor in question was an anesthesiologist practicing at a smaller hospital.  It was the weekend and he was scheduled to participate in the care of an older patient who had a lot of complicating medical conditions.  After examining the patient and…
Events of recent weeks brought into focus this issue:  How do we cultivate leadership that understands how to gather relevant, vetted evidence and utilize unbiased critical thinking to make decisions in the interest of the greater good.  Politics has gone from a place where people complained you could not tell the difference between the political parties to a point where the aisle between the parties is an ocean that a member of either party swims alone at their peril. In a time when our capacity to concentrate, engage in critical thinking, respectfully disagree, solve complex societal challenges, or even have…
The recent insurrection at the U.S. Capitol has resulted in consequences for lawyers connected to the event.  One such person is John Eastman, who was a law professor at Chapman University.  He spoke at the “Save America” rally preceding the riot and assisted in several of the lawsuits challenging the presidential election results.  In the wake of the riot, Eastman retired from Chapman with an agreement that he will pursue no legal action. During the January 6th rally, Mr. Eastman stood next to Rudy Guiliani, as the former New York mayor called for “trial by combat”.  In his own speech,…
If you read the news reports about medical malpractice trials, you would be forgiven for believing that the sky is falling, that the inmates are running the asylum and that juries are going crazy making multi-million dollar awards in every malpractice case that goes to trial.  Notwithstanding the barrage of news stories, nothing could be further from the truth. The news media thrives on sensationalism.  “Man bites dog!!!,” screams the headline.  The media has little interest in trials in which patients are sent home with nothing, which is the case over 85% of the time.  Study after study, many conducted…
Arizona statutory law, enforced by the Arizona Registrar of Contractors, requires specific information in every residential construction contract with a property owner where the amount of the contract exceeds $1,000. Every such contract requires: The name of the contractor, the contractor’s business address and license number.The name and mailing address of the owner and the jobsite address or legal description.The date the parties entered into the contract.The estimated date of completion of all work to be performed under the contract.A description of the work to be performed under the contract.The total dollar amount to be paid to the contractor…
Every state has a medical board.  While there are some differences from state to state, they are all alike in that their primary job is to protect the public from bad doctors.  They have been failing at this job for many years and continue to fail today.  Although it is not alone, I am going to focus today on the Arizona Medical Board.  It is emblematic of boards across the country. The Arizona Medical Board describes its mission as “To protect public safety through the judicious licensing, regulation and education of all allopathic physicians.”  Allopathic physicians are M.D.’s.  There are…
Bidder beware.  Interpreting federal law can sometimes feel like solving a riddle.  For example, when is an early bid late? In the case, In re Sea Box, Inc., the Government Accountability Office (GAO) determined that a bid received by government servers eight minutes before the deadline was late because it did not arrive in the Contract Officer’s inbox until shortly after the deadline.  B-291056 (GAO Oct. 31, 2002).  To be clear, it did not matter when the bid was received by government servers, nor did it matter that the bid was fully in the control of the government…
A recent study by the RAND Corporation discovered that hospitals across the United States charge private health insurers far more than they charge Medicare for the same services.  The amount by which hospital bills exceed what they are paid by Medicare varies widely by location but one fact is consistent:  prices are highest where there has been hospital consolidation. The basis of our economic system is the free market.  Goods and services, and hospitals offer both goods and services, are bargained for in the marketplace.  Good products and services are more highly sought after and can command a higher price. …
Dev Sethi’s fertility fraud case was featured on the cover of the Tucson Weekly.  Over the counter, retail DNA testing revealed that our client’s physician artificially inseminated her with his own sperm, instead of the anonymous donor sperm that he promised. “It is a gross betrayal of the trus……
One of the requirements of federal law is that hospital records be recorded electronically.  The requirement for electronic medical records (“EMR”) has a number of justifications, including portability.  Patients are entitled to have a copy of their medical records.  When the record was paper, that meant someone had to copy all the paper.  The patient had to pay for the time of the person copying the chart and for the cost of the copies.   A chart of almost any length could get quite expensive.  With electronic records, the patient, who asks for a copy, is given a computer disc onto…
If you are injured in an accident and you are prevented from working, you can get compensation for lost earnings. This usually requires you to present your claim with detailed evidence. When a personal injury includes serious harm and extensive medical treatment, it’s not uncommon for a claimant to temporarily or permanently lose the ability to return to work. When an injured person cannot work either because of physical limitations or emotional trauma, their lost earnings are a component of compensable personal injury damages. The injured person’s earnings must be proven by a preponderance of the evidence if the case…
A trust is a fiduciary relationship among the grantor that is the party transferring a property upon the trustee for the benefit of the beneficiary. In some instances, it may be that one person fulfills these various roles but often a trust will list multiple people in each capacity. A revocable trust can be amended at any time and offers flexibility during the lifetime of the grantor. An irrevocable trust cannot be modified, amended or terminated; however, certain necessary changes can be made through court proceedings or a process known as decanting. Key Differences in Structure The grantor of an…