By Joe Rubin | Published April 9, 2019 | |
The Missouri Supreme Court, by a razor-thin majority, dealt an unexpected and major blow to the legal rights of the citizens of Missouri on Feb. 13, 2019, turning its back on individual rights in favor of protecting corporate wrongdoers, including Big Pharma. In State ex rel. Johnson & Johnson v. Burlison, No. SC 96704, 2019 Read MoreRead More
Nobody teaches anyone in this world how to purchase automobile insurance. Certainly, the agents we deal with are usually nice people and treat us well – – but if a loss occurs, they won’t be the people we deal with. Instead, we will be confronted by the insurance company’s “claims adjuster” or “claims specialist”. This Read MoreRead More
Pursuant to the Missouri Rules of Evidence, a Plaintiff at trial cannot produce any evidence or even so much as a suggestion that the Defendant is insured by an insurance company. Thus, although there may be hundreds of thousands of dollars or even millions of dollars available in insurance coverage, the jury may not hear Read MoreRead More
Both filings and verdicts in medical malpractice cases in the St. Louis Metropolitan are dramatically down according to circuit clerks and knowledgeable attorneys interviewed. The Alton Telegraph recently reported that in Madison County – – the single county deemed “most liberal” with regard to jury verdicts according to insurance industry sources, malpractice cases filed in Read MoreRead More
Not the Missouri Board of Healing Arts, according to a recent St. Louis Post Dispatch series. A few relevant headlines from the series: Serious Medical Errors, Little Public Information; Poor Medical Care, Lenient Punishment; Deviant Doctor Got OK to Work; A Felon, Fit To Practice? Disgraced Doctor Gets a Second Chance; Doctor Lost Hospital Privilges Read MoreRead More
In Missouri, you have five years to sue your architect, lawyer or accountant, but you have only two years to sue your doctor, hospital, nursing home, dentist or other healthcare provider. Section 516,105 R.S.Mo. and similar legislation in many states gives a patient a very limited amount of time to 1) discover that he has Read MoreRead More
Plainly put: doctors will not testify locally against other area doctors. By reason of their malpractice insurance carrier’s insistence and their own ostracism of their colleagues who have testified in the past, the medical profession jealously protects itself against local physicians testifying against it. The result: it is much more expensive for a Plaintiff and Read MoreRead More
The tort reform legislation in the state of Missouri and three times attempted in the state of Illinois is, in fact, contrary to constitutional provisions, most notably, the concept of separation of powers. The Missouri law and the Illinois law that was proposed (and three times struck down by the Illinois Supreme Court on these Read MoreRead More
The Missouri Omnibus Nursing Home Act was enacted as a response to public concerns about the adequacy of state laws, regulation and oversight of the nursing home industry. It authorizes private civil lawsuits to compensate victims for improper or inadequate treatment of the elderly residents, including provisions for revocation of licenses, civil penalties for noncompliance Read MoreRead More
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