Withdrawal of Life Support and Medical Malpractice: The Unethical Dilemma
Published in: Daily Journal Tuesday, November 16, 2010 Withdrawal of Life Support and Medical Malpractice: The Unethical Dilemma One of the most perverse of the many unintended consequences of California's limit on non-economic damages in medical negligence cases is that it creates a financial incentive for doctors and hospitals to "bury their mistakes."...
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Are There Too Many Medical Malpractice Claims or Not Enough?
Published in: Daily Journal Tuesday, August 24, 2010 Are There Too Many Medical Malpractice Claims or Not Enough? By Bruce G. Fagel On Aug. 4, 2010, the American Medical Association (AMA) issued a survey of U.S. physicians along with a press release stating that their survey of 5,825 physicians showed "an average of...
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Improving Medical Care in California: Why Doctors Don’t Care
Published in: Daily Journal Tuesday, August 10, 2010 Improving Medical Care in California: Why Doctors Don't Care By Bruce G. Fagel The California Medical Association claims to represent 35,000 doctors in California and is one of the most powerful lobbying groups in Sacramento. It was the moving force behind the passage of MICRA...
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The Right to Be Healthy
Published in: Daily Journal Wednesday, December 23, 2009 The Right to Be Healthy By Bruce Fagel It is unfortunate that for all of the brilliance and foresight of our founding fathers, the lack of scientific knowledge about the human body in the late 18th century was such that the Bill of Rights does...
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Medical Malpractice after the Health Care Debate
Published in: Consumer Attorneys Of California By Bruce G Fagel, MD, JD +Whatever details fmally emerge in the health care legislation that gets signed by President Obama, there will be two significant, but unintended, consequences that will directly affect medical malpractice cases. First, the health care debate will likely make it more difficult...
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Health Insurance For All Is Not The Answer
Published in: Daily Journal Wednesday, November 11, 2009 Health Insurance for All Is Not the Answer By Bruce Fagel The problem with the current health care reform debate is that it is focused on providing health insurance to all Americans, rather than focusing on providing health care. The difference is critical, because health...
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A New Tool for Medical Malpractice Cases in California
Published in: Consumer Attorneys of California Starting on July 1, 2007, Health & Safety Code Sec. 1279 went into effect with little public notice outside of the healthcare industry. But in less than two years, this new law has shown that it may have a widespread effect on both the conditions in California...
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When a Medical Malpractice Case Can Be Settled Even If the Defense Experts Do Not Think That the Case Has Merit
Published in: Consumer Attorneys of California By Bruce G. Fagel, MD, JD [PHOTO NOT SHOWN] caption: Bruce Fagel has law offices in Beverly Hills, specializing in medical malpractice. Dr. Fagel practiced emergency medicine for 10 years before becoming an attorney, and was recently included in the National Law Journal list of “The 10...
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A Tale of Two Tragedies
Published in: Daily Journal Friday, November 30, 2007 A Tale of Two Tragedies FOCUS COLUMN By Bruce G. Fagel The recent, highly publicized death of rapper Kanye West's mother and the negligent medication error involving Dennis Quaid's newborn twins provide insights into the nature of medical negligence cases in today's society. For different...
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Sharing Liability
Published in: Southern California Physician Federal malpractice tort reform is on the table, but it includes a worrisome provision to eliminate join and several liability. BY BRUCE G. FAGEL, MD, JD When the California Legislature enacted the Medical Injury Compensation Reform Act (MICRA) in 1975. it did not change pan of tort...
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