Lie to the court and your case’s dismissed

      A South Florida woman was injured in a minor accident and subsequently underwent an operation.  The issue was whether the surgery resulted from the minor accident.  Under oath, she failed to disclose 70 prior visits to a chiropractor because she “forgot.” Confronted with records, she still denied a prior injury.      The […]

 “Does talcum powder cause ovarian cancer?”

      Yes, said a jury in Los Angeles where a terminally ill 63-year old woman was awarded $417-million from Johnson & Johnson. The company says it will appeal the verdict, which is the latest of several such cases that Johnson & Johnson has lost recently.      This all began with the work in […]

Unsafe places: Customer’s knowledge of “open and obvious” condition spells victory for store in court

      A Winn-Dixie customer who tripped and fell over a pallet placed in a hazardous location lost his case when the supermarket won a summary judgment because the injured man had seen the pallet before and had even walked around it.       The court ruled that the condition was open and obvious, and […]

In court: When the PI lawyer chooses the client’s doctor

     If your lawyer sends you to a hand-picked doctor, does the defense have the right to know?  No, says the Florida Supreme Court which recently held that an attorney’s referral of an injured client to a doctor or clinic is privileged information, and may not be discovered by the defense.      This […]

Med mal update: Damage caps struck down

    In the mid-1980’s, as part of an effort to crack down onlawsuits against doctors and hospitals, Florida enacted “tort reform”–intended to alleviate a “crisis” in high insurance premiums that was supposedly driving doctors away from practice.      Among the “reforms” were caps on the amount of money damages that could be awarded […]

On the road: The black box in your car

      You may not know it, but your late model car contains a data retrieval system similar to the black box on jumbo jets that can reveal pre-crash circumstances.  The black box in the car is contained within the airbag control module, and can reveal pre-crash speed, braking actions, seatbelt use and more.   […]

3 Keys to getting your medical records

 Most responsible physicians cooperate with a patient’s request for their medical records, but sometimes, patients can have difficulty getting their doctor’s office to give them their records.  When that happens, bear in mind: Doctors must give you your medical records.  This is required by state law. They can’t rip you off for the records.  State […]

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