Personal Injury Lawyer Blog
Possible New Legislation Regarding Medical Malpractice - Thursday, July 17, 2008
Under a bill now being considered by the North Carolina General Assembly, plaintiffs and defendants involved in a patient negligence/malpractice lawsuit against a hospital or doctor could agree to have their case settled under binding arbitration. A court would select the arbitrator or the two sides could agree on one arbitrator.After agreeing to enter the procedure, hearings would begin no later than ten months after the agreement, and a decision would have to be issued within two weeks of the hearing's close. Also, the number of appeals would be limited. Obviously, this new system will allow cases to be heard and resolved much more quickly.
This legislation is an attempt to hold hospitals and doctors accountable and to allow victims of malpractice to seek justice for injuries suffered more quickly. The proposed legislation caps damages at medical malpractice cases at $1 million.
The impetus for this legislation is the simple fact that many people injured or killed by the malpractice of physicians or hospitals cannot find a lawyer to take their case because the cost to litigate such a case is way too high.
Lawn Mowers Recalled - Wednesday, July 16, 2008
The United States Consumer Product Safety Commission, with American Honda Motor Corporation of Torrance, California, has announced the voluntary recall of about 20,000 Honda lawn mowers whose rear shield can break off allowing debris to be thrown toward the operator. This defect poses a serious laceration hazard to those pushing the lawn mower. To date, no injuries have been reported.The Honda mower recall includes HRX walk-behind lawn mowers with the following model numbers:
HRX217(k)2HXA
HRX217(k)2HMA
Consumers can find the serial numbers on the upper rear of the mower deck. The numbers included in the recall are MAGA-150001 through 1520532. All of the recalled mowers are red in color and have the word "HONDA" written on the bag. The mowers were sold in Honda dealers and Home Depot stores nationwide from October 2007 to June 2008. The cost of the recalled mowers is around $900.00.
You should stop using this mower if you own one and contact your local Honda Lawn and Garden dealer to schedule a repair at no cost to you. For more information, you may call Honda at 800.426.7701.
Several States Pushing for "I'm Sorry" Law for Doctors - Tuesday, July 15, 2008
Lawmakers in several states are now considering laws that would allow physicians to apologize to patients and not fear that that their expressions of condolences or apologies will later be used against them in court as an admission of liability. Doctors' apologies and admissions of error can sometimes be used as key evidence against them in court, so, in the past, doctors have been hesitant to say the words, "I'm sorry" for fear that these words would later haunt them in court. The proposed laws would remove health care providers' apologies, expressions of sympathy, and condolences as admissions of liability in court.There are nine states currently considering bills that would allow physicians to apologize when things go wrong without fear of having those words used against them later. At least 27 other states have already passed similar laws according to the American Medical Association.
This recent wave of "I'm sorry" laws is part of a movement in the medical industry to encourage doctors to promptly inform patients of errors and to apologize when an apology is warranted. In the past, doctors have been trained and warned to never admit errors or apologize in case a patient later sues.
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