The United States Food and Drug Administration (FDA) is developing new guidelines requiring higher and more scientific standards than under the Bush administration. Under the Bush administration, many of the Bush FDA appointees were former pharmaceutical industry or medical device company employees which approved deadly drugs like Vioxx, Avandia and […]
Author: Martin & Jones
When is an apology enough?
It was recently reported that renowned actor James Woods resolved a long and bitter medical malpractice lawsuit against a hospital arising out the death of his brother receiving treatment there. An apology by the hospital was a pivotal event in the settlement process during a trial that ironically was in […]
Study links lack of health insurance to inadequate care and higher death rates in the ER
A new study published in the Archives of Surgery has concluded that patients are more likely to die from serious traumatic injuries when treated in the emergency room if they do not have health insurance. Patients with health insurance receive better care, according to the study. The study found that […]
The Need for an Autopsy
The loss of a loved one can be the most trying time in our lives. It is even more so when the death involves a doctor, nurse, hospital or other health professional entrusted with the care of your relative or friend. If you believe that your relative or someone close […]
Medical Malpractice Myths
There are a lot of lies being told about medical malpractice. A new paper called Five Myths About Medical Negligence tackles the issue head-on. Myth #1: There are too many ‘frivolous’ malpractice lawsuits. Fact: There’s an epidemic of medical negligence, not lawsuits. Only one in eight people injured by medical […]
Bank of America Agrees to Stop Forcing Customers into Arbitration
Bank of America Corp., one of the nation’s largest banks and credit card issuers, recently ended a requirement that disputes with the bank’s customers be settled through binding mandatory arbitration (“forced arbitration”). The announcement by the bank followed statements by two large arbitration services that they would no longer handle […]
North Carolina Enacts Important Foreclosure Assistance Legislation
A very important piece of consumer protection legislation was recently passed by the North Carolina Legislature and signed into law by Governor Bev Perdue. The Consumer Economic Protection Act of 2009 provides important protections for homeowners dealing with delinquent mortgage payments and foreclosure threats. The protections provide for a lower […]
Medical Malpractice Lawsuits and Health Care Spending
Economists estimate that spending on medical malpractice– including administrative costs as well as paying jury awards and confidential settlements– adds up to less than one-half of a percentage point of medical spending. A recent New York Times column explored whether this can really be the reason that American health care […]
WC: Nale v. Ethan Allen — No Evidence of Causation
On September 1, 2009, the Court of Appeals (‘COA’) published another batch of opinions, several involving workers’ compensation claims. Among them is Nale v. Ethan Allen, in which the COA reversed the Industrial Commission’s determination that the worker’s left knee injury was caused by the admittedly work-related injury to her […]
Bias of Arbitration Service Exposed
The National Arbitration Forum (“NAF”), the largest arbitration company in the nation, recently announced that it would discontinue conducting consumer arbitrations. The move comes as a result of a lawsuit filed against NAF by the Minnesota Attorney General. That suit and others followed accusations that NAF, though holding itself out […]