Florida Supreme Court Rules In Favor of Consumers In Med Mal Battle

A man sitting in the hospital with a broken legShould a person who’s suffered a grievous injury due to the mistake of a medical professional or hospital have the right to sue for the disfigurement, pain, and suffering (called non-economic damages) of that mistake?

That’s a question that has roiled the nation for years and led some states to consider capping damage awards.

Where does the concept of capping originate?

Doctors and hospitals have long advanced the idea. They claim such awards add immense costs to healthcare.

The State of Florida enacted such a cap in 2003, one intended to limit damage awards for just these kinds of losses.

Was that law appropriate, fair or constitutional?

The Florida Supreme Court has just issued a decision in this matter in a case involving a woman who had her esophagus mistakenly perforated during a surgery for carpal tunnel syndrome.

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Attorneys at the Personal Injury Law Firm of RisCassi & Davis Receive Top Honors

For over 60 years, attorneys at the Connecticut personal injury law firm of RisCassi & Davis have worked hard to improve the lives of those who’ve suffered injuries due the carelessness or negligence of others.

Founding partners, Leon RisCassi and William Davis, began the firm in 1955, an era when the rights of the injured were severely and almost shockingly limited. Leon and Bill fought hard to change that and give consumers the right to protect themselves from harm caused by others. Since that time, the firm has been a consistent leader in bringing about needed changes in the law – including laws such as the Connecticut Product Liability Act – and winning cases on behalf of our clients.

What’s more, the law firm has received both national and regional recognition from certification organizations and from our peers for our work in the field of personal injury law.

Our latest honor comes to us from New England Super Lawyers. Less than 5% of all attorneys in the New England states receive this honor. We are pleased to announce that all but our two most recently admitted attorneys (12 out of 14) have been selected for inclusion in New England Super Lawyers for 2016.

If you or a loved one is ever injured in an accident that is the result of a car accident, a defective product or medical malpractice, call a qualified Connecticut personal injury lawyer. A knowledgeable and well trained personal injury lawyer can help you fight powerful corporate interests when you’ve been hurt, ensuring that you’re not harassed or abused and that your rights are protected.

For over 60 years, the Connecticut personal injury attorneys at RisCassi & Davis have been working hard to protect our clients. Please contact us if we can help you. The consultation is free and there is no obligation of any kind. And – there is no fee or other costs unless we are successful on your behalf.Twelve RisCassi & Davis attorneys listed as New England Super Lawyers.

RisCassi & Davis Adds Three New Attorneys

RisCassi & Davis is pleased to announce it has recently added three new attorneys to its team of personal injury lawyers: Sean Stokes, Elisabeth Swanson and Brendan Faulkner.

New personal injury attorney - Sean Stokes.Attorney Sean Stokes: Sean Stokes started his career at RisCassi & Davis as a law clerk in 2013. He received a B.A. in Philosophy from Colorado State University in 2010 and his Juris Doctor from Western New England University School of Law in 2015, where he received multiple CALI Excellence for the Future ® awards, including top-of-the-class honors in Products Liability, Securities Litigation, and Consumer Protection. Sean is admitted to practice in Connecticut and Massachusetts. He is a member of the Connecticut Trial Lawyers’ Association and the Connecticut Bar Association. Read more


New personal injury attorney - Elisabeth SwansonAttorney Elisabeth Swanson
: Elisabeth Swanson has been practicing in the area of personal injury law since her admission to the Connecticut Bar in 2013.  She recently joined RisCassi & Davis as an Associate, having formerly served the firm as a law clerk. Her late father, Everett “Skip” Madin, Jr., also worked as an attorney at RisCassi & Davis for many years before leaving to serve the state of Connecticut as a Superior Court Judge. Attorney Swanson attended the University of Connecticut where she achieved numerous academic awards, including induction into the Phi Beta Kappa and Phi Kappa Phi honor societies; and in 2007, she graduated magna cum laude with a B.A. in English. She graduated from the University of Connecticut School of Law with honors in 2013. During law school, Attorney Swanson achieved multiple awards for academic excellence, including the CALI Awards for Excellence® in Criminal Law and Business Organizations. Attorney Swanson was also a published member of the Connecticut Law Review and served as Notes and Comments Editor. Read more

New personal injury attorney - Brendan FaulknerAttorney Brendan Faulkner: Brendan Faulkner was admitted to the Connecticut bar in 1998 and has been practicing exclusively in the area of personal injury law since 2006. He recently joined RisCassi & Davis as an experienced trial lawyer, having formerly served the firm as a law clerk during his time in law school. Attorney Faulkner’s articles on various aspects of the civil justice system are frequently published in the Connecticut Law Tribune. He graduated from Hobart College before attending the University of Connecticut School of Law. He is a former law clerk to the Honorable Thomas P. Smith, a now-retired federal magistrate judge in Hartford, and his early career included representing various parties in the construction and insurance industries in personal injury and coverage matters as well. Read more


For more than 60 years, the personal injury attorneys at RisCassi & Davis have been committed to helping victims of accidents and medical malpractice. With the addition of Sean, Elisabeth and Brendan – that commitment grows ever stronger.



Ever Shortening Hospital Stays…

You probably know someone who had a major hospital procedure who returned home just a day or two later. It’s a story that’s becoming more and more common.
Did you know length of stay is tied at least in part to how hospitals are paid?

As recently as 1980 – the average hospital stay lasted 7.3 days. Now it’s approximately half that amount of time.

What happened?

For one – Medicare stopped paying hospitals for the cost of a stay and started paying tied to a patient’s individual diagnosis.   Under this new “system”, hospitals are paid the same for a given diagnosis whether a patient stays one day – or four. In other words – actuaries (people who compile and analyze statistics – using them to calculate payments) began deciding for doctors and patients when a patient was healthy enough to be discharged – all without seeing the individual patient involved. This change effectively shifted financial “risk” from the government to hospitals – making it more profitable for hospitals to limit time of care – often regardless of patient needs.

Put simply – shorter stays mean greater profit for hospitals.

What has all this meant for patients and their families?

New challenges for caring for loved ones and readmission rates on the rise.

Why are rates rising?

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How Much Do You Really Know About Your Surgeon?


Would you like to know in advance whether your surgeon was truly competent to perform your upcoming surgery?

Now you can.

ProPublica, an independent, non-profit and respected newsroom that produces investigative journalism in the public interest has recently published what they call a “Surgeon Scorecard”. Guided by experts, ProPublica created this scorecard “by calculating death and complication rates for surgeons performing one of eight elective procedures in Medicare, carefully adjusting for differences in patient health, age and hospital quality”.

What did they find?

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Can You Guess the Third Leading Cause of Death in America?

Do you know the problems within the U.S. healthcare system?Late last week, the U.S. Senate Subcommittee on Primary Health and Aging held a hearing in Washington to examine problems within the U.S. healthcare system.

What they heard from clinicians and health administrators alike was chilling… between 800,000 and 900,000 people in the U.S. die each year as a result of preventable medical errors.

That puts conventional medical care as the #3 killer in this country – just behind heart disease and cancer.

The Committee Chair, Senator Bernie Sanders (I-VT), said this at the outset of the hearing, “Medical harm is a major cause of suffering, disability, and death – as well as a huge financial cost to our nation.  This is a problem that has not received anywhere near the attention that it deserves and today I hope that we can focus a spotlight on this matter of such grave consequence.”

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Prescription Drug Deaths On The Rise In U.S.

Drug abuse in the U.S. has more than doubled, coinciding with a tenfold increase in the number of opiate painkiller prescriptions written for patients.We’ve talked a lot in the past about how big corporations like GM, Ford, Guidant and others sometimes act in ways that are helpful to corporate profits but harmful to consumers. Did you know that in just the past decade, people dying from prescription drug abuse in the U.S. has more than doubled, coinciding with a tenfold increase in the number of opiate painkiller prescriptions written for patients?   The CDC reports that prescription drug misuse now kills more people in this country than car accidents and firearms – and calls this current drug epidemic the worst in U.S. history.

Drugs that used to be prescribed for cancer and surgical patients are now routinely prescribed for patients with mild pain – especially older patients.  In just the last eight years, opiate prescriptions written for patients 60 years old and older has increased by 32%.  Sadly and perhaps tellingly – the United States (less than 5% of the world’s population) consumes 80% of the world’s supply of painkillers and more than two million are addicted.

How is this happening?

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Got Low T? Careful How You Treat It.


A recent fad for men, fed by aggressive pharmaceutical company advertising, involves the prescribing of the hormone testosterone to males who complain of energy loss and a diminished sex drive.  In a recent Journal of the American Medical Association  Internal Medicine study – over half of the men being prescribed the drug had no underlying medical condition warranting such treatment.

And here is the most troubling part – testosterone therapy doubles the risk of heart attack among men over age 65 and nearly triples the risk in younger men with a history of heart disease.

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