Verdicts
FloridaWin for Woman Claiming Abuse During Pap SmearA woman who claimed that a doctor molested her during a pap smear was awarded $280,000 by a Florida jury on February 27, 2003. Kathy Murphy, a 49-year-old painter and massage therapist, claimed that Dr. William Charles Leach, of Naples, FL, asked her to help perform a 'new pap smear technique' where she was required to massage her vagina. She claimed that the doctor masturbated near her. Leach did not attend the trial, and the plaintiff obtained a default judgment.
If Your Client Uses a Physician Assistant, Make Sure There's a Written Protocol
Doctors are increasingly making use of physician assistants (PAs) in their practices. In order to avoid liability, it has become imperative that physicians who do use these assistants establish and follow consistent protocols. This is important not only for the efficient and orderly functioning of the office, but to ensure that government regulations are met and that the patients fully understand the role of these professionals. Patients must be told that PAs are available in the practice, but that they as patients have the right to choose examination and treatment by either the assistant or the physician. Only following these protocols can the medical practitioner ensure the orderly function of the office, the satisfaction of the patients, and some degree of protection from lawsuits engendered by a less-than-perfect medical outcome.
Med Mal Verdict 'Shocked the Conscience'
In a Philadelphia case in which a defendant doctor testified at trial that he believed there was a 20% chance that his patient's cancer had returned but that he did not do anything to confirm his suspicion until approximately 14 months later, the Superior Court ruled that a jury verdict for the defendant so 'shocked the conscience' as to merit a new trial.
'Junk Lawsuits'? Tinkering with the Tort Laws
On January 16, 2003, President George W. Bush addressed Pennsylvania physicians at the University of Scranton: 'There are too many lawsuits filed against doctors and hospitals without merit. And one thing the American people must understand is even though the lawsuits are junk lawsuits, and they have no basis, they're still expensive.'
Case Briefing
The latest rulings of importance to you and your practice.
'Tort Hellhole' Moves to Curtail Access
Mississippi plaintiffs' lawyers, battered by a 2-year fight with medical and business lobbyists, are seeking ways to undermine new laws that limit civil litigants' access and recoveries in the state that has been dubbed a 'tort hellhole.' Meanwhile, the tort reform juggernaut is rumbling into other states.
Baycol: A Sudden Rush to Settle
In the last several weeks, Pittsburgh-based Bayer Corp. has been rapidly settling federal lawsuits and claims involving Baycol, the anti-cholesterol drug it pulled off the market in August 2001 after it was linked to 100 deaths worldwide, two Miami law firms say.
How Much Damage?
The recent decision by the U.S. Court of Appeals for the Federal Circuit in <i>EZ Dock Inc. v. Schafer Systems Inc.</i>, 276 F.3d 1347 (Fed. Cir. 2002) may well have an impact on the development of biotechnological and pharmaceutical inventions.
Case Briefing
The latest rulings of importance to you and your practice.
