“Lawyers try new tacks in malpractice suits”

Trial lawyers are finding new ways to transfer money from the pockets of doctors to attorneys. An Ohio jury voted 6-2 that Cleveland doctor Franklin Price was liable for $3.5 million because he didn’t do enough to help Lawrence Smith lose weight and stop smoking, and thus avoid a fatal heart attack. (Tanya Albert, “Jury […]

Trial lawyers are finding new ways to transfer money from the pockets of doctors to attorneys. An Ohio jury voted 6-2 that Cleveland doctor Franklin Price was liable for $3.5 million because he didn’t do enough to help Lawrence Smith lose weight and stop smoking, and thus avoid a fatal heart attack. (Tanya Albert, “Jury says doctor didn’t do enough to help obese smoker”, American Medical News, May 12, 2003). In Florida, Miriam Kamin is about to go to trial in a lawsuit against Baptist Hospital of Miami not because they misperformed her pancreatic surgery, but because she feels that the hospital should have referred her to a hospital that performs the operation more often. And in Ohio and Texas, plaintiffs are trying to avoid medical malpractice caps by restating the claims as “corporate negligence.” (Tanya Albert, American Medical News, Feb. 9).

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