Cleveland, OH (Law Firm Newswire) July 16, 2013 — Another set of changes to medical malpractice rules has been passed in Florida.
“Each time a state trots out more legislation to change medical malpractice rules, it’s a fair bet medical negligence victims end up taking the brunt of the changes,” indicated Christopher Mellino, a Cleveland medical malpractice lawyer.
The most recent legislative addition to the Florida legal landscape is SB 1792, that mandates that an expert witness called for the plaintiff in a medical malpractice case must practice precisely the same kind of medicine as the defendant. They can no longer be in similar fields. “Rather than helping a plaintiff, this piece of legislation effectively limits the pool of expert witnesses that are available to testify in a trial,” Mellino explained. Further, the bill permits, but does not mandate, that other health care professionals called to court may violate patient confidentiality and provide the defendant’s lawyer with details about a plaintiff’s care and treatment.
“Although this supposedly only applies to the fact-finding preliminary process of gathering information about the case, it is questionable whether or not that would be adhered to once an actual lawsuit has been filed,” added Mellino.
The legislation states that once a suit is filed, state court rules then restrict who lawyers may talk to and what kinds of questions they may ask. That process may become redundant if attorneys may question virtually anyone they choose in the initial stages of pre-filing. “This kind of legislation opens the door for invading the privacy of medical records,” said Mellino. It appears the legislative changes present more hurdles and barriers for medical malpractice victims, making it harder for them to hold a medical professional accountable for an error and to find true justice.
Many states, in an effort to address controversial measures touted by tort reform, have brought various laws into effective that directly impact the quality of justice available to a medical negligence victim. “Those individuals are entitled to justice and fair compensation,” Mellino pointed out. “They trusted a medical professional who forever changed their lives. They must be held accountable for their errors.”
Mellino Robenalt LLC
200 Public Sq., Suite 2900
Cleveland, Ohio 44114
Call: (216) 241-1901
- E-records may not be what they are cracked up to be
Insurance companies and medical practitioners tout e-records as being the solution to medical mistakes. That is not always the case. Quality health care is something that Americans expect when they see a doctor, go for tests, or go to hospital for a procedure. They go see a medical professional with the attitude that the doctor will help them and take care of what ails them. In most instances, this is exactly what happens. In other cases, the train goes off the tracks and something bad happens. One way to reduce the chance of hospital errors, or medical malpractice is, supposedly, […]
- Traumatic Brain Injury Expert Studies Soccer Players
A New York neuroradiologist is busy making headway in traumatic brain injury research. Yesterday, we told you that Dr. Michael Lipton with the Albert Einstein College of Medicine is studying Ohio veterans trying to cope with TBI symptoms. He also recently published results from a study of soccer players. “Soccer players are repeatedly hitting their head [or, using the top of their head to redirect the ball], and we know that multiple head injuries tend to be worse than just one,” Lipton stated. “My area [of expertise] is mild traumatic brain injury, so I look at how much does it […]
- Traumatic Brain Injury Expert Studies Ohio Veterans
Last week, we told you about a study in which active-duty soldiers who’d suffered multiple traumatic brain injuries were found to consider suicide more often than those who hadn’t suffered a concussion. This week, we’ve learned that an Ohio nonprofit group is sending local veterans with traumatic brain injuries to New York to be studied. According to the Columbus Dispatch, Dr. Michael Lipton, associate director of the Gruss Magnetic Resonance Research Center at the Albert Einstein College of Medicine, will conduct MRIs as 50 participants perform tasks involving short-term memory, inattention, and impulsiveness. Those participants include 25 Ohio veterans with […]