Speaking of Medical Malpractice Insurance is Hazardous to Your Trial’s Health
In a case decided October 13th, Grogan v. Nizam, NY Slip Op 07375 (2d Dept. 2009), the Appellate Division, Second Department, issued a decision that underestimates the sophistication of modern jurors, and that continues to legitimize a silly precedent. The decision is short, and worth reading.
The essential holding is that if the jury finds out [...]
Trial Lawyers Are Good.Their FL Website is Crass. A Dr. is a Criminal.
The Wall Street Journal’s Law Blog shines a light on something that is more than just medical malpractice. It is criminal enterprise. This story concerns a physician and snake-oil saleswoman, all in the same person, who took advantage of the desperation of patients with advanced cancer by selling them an expensive “herbal remedy” that she [...]
Medical Malpractice, Negligent Homicide or Failure to Discipline?
When I was an assistant district attorney in Queens County (NYC), New York, my boss, Richard Brown, decided to charge a local OB/GYN with murder, based on a showing of “depraved indifference to human life,” after that physician’s depraved actions during an abortion procedure in a storefront clinic left his immigrant patient dead. The New York [...]