The Supreme Court of Pennsylvania opened the door to allowing patients to sue for negligent infliction of emotional distress. No physical injury needs to accompany the claim. Here’s the background. In March, 2003 (yes, 9 years ago), Jeanelle Toney was pregnant and had a pelvic ultrasound. She was assured the results were normal and no [...]

Jeff Segal, MD, JD, FACS Kyle Richards, 21, an inmate in a Michigan jail, sued the governor and the state over his lack of access to porn. Really. Who is Kyle Richards? He entered a guilty plea to bank robbery. Now, he claims he is being subjected to “cruel and unusual punishment” because the jail [...]

Michael J. Sacopulos, Esq. A jury in Jacksonville, Florida entered a $178 million judgment against physicians and an HCA owned hospital for a gastric bypass procedure that went horribly awry. In 2007 following laparoscopic gastric bypass surgery, the patient, Clay Chandler, suffered respiratory failure and was admitted to critical care. He experienced a perforated bowel [...]

Jeff Segal, MD, JD, FACS Have you ever had a patient who, in the middle of a procedure, said “Please stop. It hurts.” Never? Almost every doctor has heard these words once. One doctor apparently did not heed these words quickly enough. He was sued for battery. Battery is an “intentional tort.” It is different [...]

The US Chamber of Commerce memorialized 2011 with its list of Top 10 Frivolous Lawsuits.

The social media revolution has inflamed other aspects of the trial process. Attorneys now devote effort to reviewing the other party’s social media use. Information that you post for friends or colleagues may well end up as a piece of evidence in a trial. Social media sites have become a new frontier for lawyers to explore in litigation so be careful what you post.