- Ken Margolin | May 31, 2007 7:00 AM |
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Head & Brain InjuriesClients often ask me if "my case will have to go to court?" By that question, they mean, will it have to be tried before a jury, or will it settle "out of court." Most clients, even those who appreciate that they could get significantly more money with a verdict than through settlement, prefer the surety of a settlement over the high stakes gamble of a big score vs. nothing. Sometimes a case...
- Ken Margolin | May 31, 2007 1:00 AM |
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MiscellaneousA great front page article in today's Boston Globe, told of a doctor on trial for medical malpractice, who used his blog site to comment on the ongoing trial. The doctor's blog name was "flea." The case against him was serious, alleging that his negligent failure to diagnose diabetes, resulted in the death of a 12 year old girl, from diabetic shock. The free-blogging doctor had been commenting...
- Ken Margolin | May 30, 2007 7:00 AM |
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Nursing Home & Elder AbuseIdentifying just how much abuse occurs in nursing homes, is difficult. Victims are often unwilling or unable to speak up. Perpetrators may be nursing home staff, who have ongoing contact with the victim, and whose presence alone, may be intimidating. Nursing home assaults can be committed by a resident, when staff supervision is inadequate, lackadaisacal, or uncaring. It is almost certain,...
- Ken Margolin | May 23, 2007 7:00 AM |
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Medical MalpracticeA doctor can no more afford to ignore clues provided by his patient, than a homicide detective can fail to dust the crime scene for fingerprints. The best internists would undoubtedly make great detectives. When the body provides clues that something is not working properly, the doctor must follow the clues until he diagnoses the cause of the troubling symptom. In fairness to physicians, the...
- Ken Margolin | May 21, 2007 7:00 AM |
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Medical MalpracticeCaesaren sections, commonly termed "C-sections," have been around for centuries. There are reports of C-sections being performed as early as the 13th century. Early C-sections were performed to remove babies from the wombs of mothers who had died during childbirth. Modern Caesaren sections, of course, are a great life-saver for mothers as well as babies. As with all advances in medicine,...
- Ken Margolin | May 16, 2007 5:50 PM |
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Defective & Dangerous ProductsThe United States Consumer Product Safety Commission (CPSC), with the cooperation of General Electric, has issued a recall for washing machines manufactured by the company. The washing machines are sold under various brand names, including, G.E., Eterna, GE Profile, GE Monogram, Hotpoint, and Sears-Kenmore. The CPSC has received a dozen reports of fires causing property damage, emanating from...
- Ken Margolin | May 16, 2007 7:00 AM |
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MiscellaneousMost every serious personal injury case, will have at least one expert witness testifying for the plaintiff - if only a physician, explaining the extent of the plaintiff's injuries. Medical malpractice plaintiffs must have an expert to testify to the defendant's deviation from acceptable standards of medical care. Expert testimony gets really interesting, when the cause of an event is in...
- Ken Margolin | May 14, 2007 7:00 AM |
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Tractor-Trailer AccidentsLast week, it was a large truck that overturned on Route 128, near Lexington, creating a massive traffic jam for hours. On almost any given day on an elevated ramp near Chelsea, a truck may catapult the guard rail and fall to the road below. Large trucks so frequently cause gridlock, crashes, injuries, and death, on Massachusetts roadways, that reports of the damage they cause, seem...
- Ken Margolin | May 09, 2007 9:00 AM |
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Medical MalpracticeFailures to communicate continue to bedevil the medical profession. Patient deaths and injuries due to communication breakdowns are especially tragic, because the preventative measure, was often as simple as picking up a telephone or sending a note. In an era of multi-million dollar technology and advanced bioscience, person-to-person communication remains a cornerstone of good medical care....
- Ken Margolin | May 07, 2007 7:00 AM |
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Automobile AccidentsDriving while chowing down a donut, alternating the snack with a cup of hot coffee, is a time-honored example of dangerous, distracted driving. Even though driving safety researchers preached that drinking a beverage while driving, could lead to car crashes due to distraction, human nature dictated that eating and drinking while driving, was never going to stop. The ante was raised with the...
- Ken Margolin | May 03, 2007 4:30 PM |
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MiscellaneousThe much publicized lawsuit by a sitting D.C. administrative judge, seeking $67 million for a lost pair of pants, is a cruel perversion of the justice system. The plaintiff has done immeasurable damage to the hard-working defendants, immigrants from South Korea, to legitimate plaintiffs, the justice system, and, one would think, to his self-respect. The anti-justice forces, aka "tort reformers,"...