Medical Malpractice

  • The Medical Malpractice Myth: Legal Analysis Finds That Patients Fare Poorly in Court

    Geoff Trachtenberg | May 12, 2007 9:23 PM | 0 CommentsScottsdale, AZ

    As any medical malpractice attorney worth their salt will tell you, there is absolutely no epidemic of plaintiffs' medical malpractice verdicts. As these attorneys know, very,very few medical malpractice cases are worth pursuing and fewer still result in a monetary award or settlement. Indeed, it is somewhat laughable that so-called tort reformers advance medical malpractice caps of $250,000...

  • Mistakes That Give Rise to an Inference of Negligence

    Geoff Trachtenberg | March 21, 2007 9:53 AM | 0 CommentsScottsdale, AZ

    Sometimes mistakes are so obvious that the law permits an inference of negligence. The legal term for this type of situation is res ipsa loquitur and, in Arizona, applies where (1) in the normal course of events, the accident would not have occurred unless defendant was negligent; (2) the accident occurred as a result of an instrumentality that was under defendant's exclusive control; and (3)...

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