As current chairman of the Association of Trial Lawyers of America’s “Railroad Law Section” I have closely followed the argument by the nation’s railroads that adding simple stop signs to highway grade crossings makes them safer, reducing the risk of injuries or deaths. The railroad arguments seemed
It is whispered that the nurses that really “care” about their patients will only go so far to protect a negligent doctor or hospital from “whistleblowing” –when they know malpractice has occurred. Will a nurse “whistleblow” even when they worry that they could be fired or disciplined for notifying
Virginia continues to have a lower rate of serious disciplinary actions against its doctors than most states. According to the non-profit research group, Public Citizen, the rate of serious disciplinary actions against doctors in Virginia has fallen consistently over the last four years. The organiz
The thought of a surgeon taking a scalpel to the wrong limb or patient sends chills down the spine of anyone who has been admitted to the hospital. Eighty-four cases of what’s known in the business as “wrong site surgery” were reported in the United States last year. But that’s just the “tip of the
Cases of nursing home abuse and neglect are quite common these days. The main reason is that many of these facilities are run with an eye towards the bottom line for the owners and not the benefit of the patients. Some corporations which own nursing home facilities will squeeze every last dime out o
So many drivers these days are talking on the phone while driving. Studies have shown that talking on the cell phone while driving is very close to the danger of driving while drunk. The reason is that your mind is taken up with your conversation and not 100 percent focused on the road.It is the sli
Virginia recently changed its laws related to medical malpractice cases. The new law requires that the lawyer certify that he has an expert witness in the appropriate specialty who will testify that the defendant violated the standard of care before serving the lawsuit. This law is actually a good t
Long ago, the federal government and its agents could not be sued for torts (a civil wrong). However, the federal government passed an act called the Federal Tort Claims Act many years ago that allows suits for negligence against federal agents, including postmen, if they are negligent and the negli
Five years ago, the Institute of Medicine issued a startling report that acted as awake-up call to hospitals, health care providers, and patients: As many as 98,000people die each year in hospitals in the United States from infections, drug mix-ups,and other mistakes–mistakes that could have been pr
The Bush Administration has taken yet another step to weaken the rights ofvictims of medically related mistakes. The latest effort to protect the drugmanufacturers in the United States is the issuance of a new rule by the Food and DrugAdministration pertaining to labeling requirements by drug manufa
The ultimate embarrassment: An experienced DEA agent demonstrates gun safety to children in Orlando, Florida, and during the videotaped safety discussion he accidentally shoots himself in the foot! In the aftermath, he is now suing the DEA! Why?Paige alleges that the DEA intentionally leaked the tap
Is it safe to pull over on the shoulder of a highway to change a tire, change drivers, get something out of the trunk, or even to be pulled over by a police officer?Based on my experience as an injury lawyer, the answer is a resounding "no." If you can, get off the busy highway first, or at least pu