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 [...]
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 [...]
Why Is Tort “Reform” So Uninformed?
As was pointed out in yesterday’s Wall Street Journal Blog, the possibility of a tax break for plaintiff’s lawyers has set off a huge amount of hand wringing among so called tort reformers. Ashby Jones, the author of the WSJ Blog post, provided this quote from Victor Schwartz, general counsel of the American Tort Reform [...]