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August 2015 Archives

Your Right To Your Information

A recent article in the New York Times raised the question of a patient's right to obtain copies of their own medical records and the difficulty in doing so. Representing patients we have experienced the same frustration.

Give It Time--Your Condition Will Improve

We have heard clients tell us that their doctor told then over and over again that they should have patience and with time their condition would improve and it didn't and they waited and waited and finally went to see someone else who said: "You should have come to see me sooner, now I can do nothing. It is too late!"

Our Clients are Not Stupid!!!

The arrogance of some medical professionals never ceases to amaze me. The manner in which they interact and treat patients is for some professionals a exhibit of their attitude that I know everything and do not have to explain anything to these people. The attitude that I provide a service and that is and of itself is sufficient. The attitude that I am above it all.

Electronic Health Record

Last year I was at St. Lukes Hospital in Houston while a member of my family had surgery and recently I was in the same position.

How do you choose a physician?

Having the type of practice that we do, often representing patients who wish to sue physicians and at the same time representing physicians for a wide variety of situations a question that is often asked is as above: How do you choose a physician?

Vaccination and Injection Nightmares

Vaccines by and large are beneficial and in many cases are required. I personally have had multiple vaccines and have had my children vaccinated. During the course of my practice of law I have seen Polio disappear, no Small Pox, and until recently the absence of Mumps, Measles and whooping cough. The new vaccine for HPV will help the next generation.


The latest form of Nursing Home Abuse are attempts by the nursing home to seize resident's assets. This is a new form of earlier actions.


Over the years our office has handled many cases relating to the failure to diagnose lung cancer and therefore institute early treatment so that the individual could survive. Because of the nature of some of the lung cancers early diagnosis does not always mean a cure but it may well increase the length of time an individual survives.

Finding Sources of Litigation in Breast Cancer Cases

During October 1997 -- breast cancer awareness month -- numerous programs were held by medical centers and women's groups. One of the more interesting was the program supported by the Breast Center at the Monmouth Medical Center. The program was marketed to physicians and other health care personnel and provided lectures on the newest medical knowledge and advancements. It also incorporated a lecture on the legal aspects of breast cancer in an attempt to increase the awareness of the attendees of the most common pitfalls or errors that arise in the management of individuals who are at risk for the development of breast cancer.

How Law Ignores Medicine

A recent headline in these pages reported a Supreme Court decision as "Curtailing the Right to Counsel: Hospital Resident Can Be Fired Without a Lawyer, Poritz Court Rules." This decision follows a long line of cases in which this Court and others have avoided entering into the internal decision making process of hospitals as it relates to physicians. It is a line of cases that is easily understood as a lawyer but unfathomable as a physician.

Why the Physician/Patient Privilege Is an Oxymoron

At a lecture some years ago, a psychiatrist described one of his patients whose problems were felt to be instructive to the group. To draw a complete picture for the audience, certain physical characteristics were included in the overall description. By the time the lecturer had completed the physical description and even before he started to mention the problems faced by this individual, I realized that I knew the individual and had been using him as an expert in some of my cases. As I sat there listening I learned some of the most intimate and embarrassing aspects of this individual's life, details he had shared in the mistaken belief that they were going to be kept confidential. I wondered how he would have felt knowing that an audience of 100 of his peers knew his problems and at the same time I wondered how many times my expert psychiatrist, while lecturing, had also breached patient confidences.

Case Histories

How Our Medical Expertise Helps You

Any lawyer can win damages in egregious cases such as operating on the wrong body part. Many firms have the resources to hire experts. But few lawyers truly understand the medical science of medical malpractice litigation. As a result they may fail to recognize a viable case, unwisely pursue a weak case, or stumble in cross-examination of those medical experts.

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