Sexual Assault by a Doctor Is Never Acceptable
In light of the suicide of child molester and pediatrician, Dr. Melvin Levine, statistics and laws regarding sexual abuse by a doctor or a health care provider are reviewed here to shed some light for those that have been or are victims.
Colorado Medical Malpractice Caps
Limits on medical malpractice caps are a hot topic in the news due to presidential election and Republican candidates pandering to constituents. Case in point, candidate Rick Santorum has called for caps on medical malpractice cases despite the fact that his wife pursued a $500,000 lawsuit against her chiropractor in 1999, an amount which is $250,000 more than his suggested medical malpractice cap. Denver medical malpractice lawyer James Avery of Avery Law Firm, has successfully tried medical malpractice cases in states whose legislatures have imposed limits on the amount of money that can be obtained through a medical malpractice case.
What is Joint Liability?
The Imposition of Joint Liability Against Physicians in the Aftermath of the Pro Rata Liability Act.
This article discusses the issue of ‘joint liability’ among physicians since the adoption of §13-21-111.5, C.R.S. (repl. vol. 1987) (referred to herein as the “pro rata liability act”), which eliminates joint and several liability for joint tortfeasors. It also discusses the imposition of joint liability under the pro rata liability act in the context of a traditional negligence case, in the wake of Resolution Trust Corp. v. Heisermani.
Professional Malpractice Claims
Non-medical professionals like architects, lawyers, insurance brokers, and other licensed individuals can be subjected to professional malpractice claims when their lack of due care (negligence) or breach of contract causes personal or financial injury to a person. Licensed professionals are generally held to a higher standard of care than average people are. They must perform their duties in a competent matter given the specialized training and experience expected of members of their profession.
Alternative Dispute Resolution Information
The term “alternative dispute resolution” refers to any form of dispute resolution besides trial by judge or jury. Generally, when a party files a lawsuit to decide a dispute, whether it’s a malpractice claim or auto accident, a trial to determine liability (fault) and damages is the ultimate form of resolution. The trial process, however, is not always mandated and sometimes other or ‘alternative’ forms of dispute resolution are advisable or mandated.
What is Juror Misconduct?
In Colorado, as in most states, the law governs the conduct of jurors while serving and deliberating in a case. This law is much more complicated than the instructions read to the jury at the beginning, during and end of a case. Generally speaking, the law seeks to protect the ‘integrity’ of the trial process. The jury is ideally composed of non-biased individuals who will judge the merits of a case solely on the evidence in light of the law of the case, as explained and set forth in detail in the ‘jury instructions’ which are read to and handed to the jury before deliberations begin.
The term “malpractice crisis” is a concept put forth by insurance companies who seek to increase profits by encouraging legislation to limit damage awards in personal injury cases against health care providers. Insurance was devised and is a way to distribute the risk of injury/damages among a large pool of policyholders, whether they be individuals such as doctors, or businesses such as hospitals. Insurance companies employ individuals and models to judge the risk of loss for an individual or business and set ‘premiums’ (the cost of the insurance) to sell a product known as an insurance policy.
The term “insurance crisis” is a concept put forth by insurance companies who seek to increase profits by encouraging legislation to limit damage awards in personal injury cases. Insurance was devised and is a way to distribute the risk of injury/damages among a large pool of policyholders, whether they be individuals such as doctors or lawyers, or businesses such as hospitals or insurance companies themselves. Insurance companies employ individuals and models to judge the risk of loss for an individual or business and set ‘premiums’ (the cost of the insurance) to sell a product known as an insurance policy.
Tort Reform in Colorado
The term “tort reform” refers to limitations or caps on damages in personal injury cases, most notably on general damage awards (in the discretion of the judge or jury based upon the evidence at trial) for subjective items like present, past and future pain and suffering, loss of enjoyment of life, embarrassment, humiliation, and disability. Historically, the law allowed judges and juries to apply their collective wisdom in awarding amounts that they deemed appropriate and adequate for such damages based upon the facts of a given case, in the event of an award in favor of the injured party.
Texting and Driving Don’t Mix
Cell phone use and texting while driving have grown into an enormous threat on our roadways. As catastrophic injury lawyers, many of the injury cases we handle involve distracted drivers. In addition to texting, there are many other distractions include eating, drinking, talking with passengers, as well as using in-car electronics and other devices. Although less obvious distractions such as sleeping behind the wheel, daydreaming or emotional imbalances also can be very dangerous situations for drivers.
