2024-04-19 09:29
Under a Daubert-Rochkind analysis, expert testimony is evaluated by a flexible inquiry into an expert’s reliability, focusing on the expert’s principles and methodology as oppose… Read More
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2024-04-18 09:20
Background Jean-Marie and Aaron are a married couple who wanted to have children but were unable to conceive without medical assistance. In the summer of 2013, the couple sought therapeutic… Read More
2024-04-17 09:26
Background Dane Templeton sustained an injury to his right knee and thigh for which Dr. Charles Orth performed surgery on September 18, 2012. Templeton returned to Dr. Orth for follow-up eva… Read More
2024-04-16 09:20
According to a medical article published in 2019 in the Journal of Cancer: Surgical smoke is the gaseous by-product produced when tissue is dissected or cauterized by heat generating devices… Read More
2024-04-15 09:28
A research study published on February 5, 2024 concluded: “Video recording of patient-physician encounters was not associated with an increase in malpractice lawsuits. According to fed… Read More
2024-04-14 09:20
In September 2023, a Massachusetts medical malpractice wrongful death claim was settled for $2.5 million. The plaintiff had alleged that a hospital radiologist reported as normal an abnormal… Read More
2024-04-13 09:22
In April 2023, a Massachusetts medical malpractice jury returned its verdict against an emergency room physician for the death of a 47-year-old man from Stage IV lung cancer that was left un… Read More
2024-04-12 09:23
In late March 2024, after an eight-day trial, a Maryland medical malpractice jury returned its verdict in the amount of $8.3 million in favor of the family of a 53-year-old man who underwent… Read More
2024-04-11 09:21
After an Iowa birth injury medical malpractice jury returned its record-setting $97 million verdict against an Iowa medical clinic that led to the Iowa legislature imposing a cap on damages… Read More
2024-04-10 09:28
The 42-year-old woman alleged in her Washington medical malpractice lawsuit: “Plaintiff Paula Gardner was an inmate. The DOC has ruined any opportunity Paula had to survive cervical ca… Read More
2024-04-09 09:28
The Court of Appeals of Virginia stated in its January 30, 2024 published opinion: “Following a four-day trial in this medical-malpractice case, the jury awarded Loretta Butts-Franklin… Read More
2024-04-08 09:30
The Court of Appeals of Indiana held in its opinion filed on January 31, 2024: “In this medical malpractice case, Amanda Ping (“Ping”) appeals following a jury verdict in f… Read More
2024-04-07 09:26
The United States Court of Appeals for the Sixth Circuit (“Federal Appellate Court”) stated in its unpublished opinion filed on January 22, 2024: “When Dr. Joel Warren perf… Read More
2024-04-06 09:22
A Michigan birth injury medical malpractice jury returned its verdict on March 28, 2024 after a month-long trial in the amount of $120 million for a now 13-year-old who suffered catastrophic… Read More
2024-04-05 09:29
Background The issue on appeal was whether Indiana’s summary-judgment standard requires a medical expert to expressly state the applicable standard of care in his affidavit. Two prior… Read More
2024-04-04 09:22
A Florida medical malpractice jury had awarded $261 million in November 2023 to the Kowalski family in compensatory and punitive damages against Johns Hopkins All Children’s Hospital f… Read More
2024-04-03 09:29
Glenn D. Feagan, Esq., appealed the judgments of the Hamilton County Court of Common Pleas awarding sanctions against him under R.C. 2323.51 and Civ.R. 11 for failing to file a requisite aff… Read More
2024-04-02 09:27
In January 2024, the United States government announced that it has agreed to settle a medical malpractice claim involving an alleged botched gastric bypass surgery that a 31-year-old patien… Read More
2024-04-01 09:23
The plaintiff had surgery on his left ankle to address issues with Complex Regional Pain Syndrome (CRPS) in that ankle. There were complications with the surgery when the drill bit shattered… Read More
2024-03-31 09:26
Background A nurse employed by MultiCare Health System, Cora Weberg (Nurse Weberg), improperly diverted injectable narcotics for her own use. She infected some emergency department patients… Read More
2024-03-30 09:27
In a Minnesota medical malpractice case decided by the Minnesota Court of Appeals on February 16, 2024, the Court held that Minn. Stat. § 573.02, subd. 1 (2022), does not require dismis… Read More
2024-03-29 09:27
In a Texas medical malpractice case arising from an emergency room physician’s treatment of a snakebite, the issue was whether the plaintiff had produced evidence of “willful and… Read More
2024-03-28 09:29
The New York medical malpractice plaintiff alleged that the defendant emergency room physician was negilgent in referring him to hospice care where he remained for over 18 months when he did… Read More
2024-03-27 09:24
On October 11, 2018, Dr. Tamica White performed a surgery at WellStar Hospital to remove Amy McGouirk’s gallbladder. During the surgery, Dr. White transected or cut Amy’s common… Read More
2024-03-26 09:27
A South Carolina medical malpractice lawsuit filed on January 8, 2024 alleges, in part: On March 15, 2019, Markeith Gerald had a LVAD [left ventricular assist device] placed at MUSC) [Medica… Read More
2024-03-25 09:59
On November 2, 2023, a Washington medical malpractice lawsuit was filed against a hospital and two surgeons who allegedly mistakenly removed a portion of a patient’s bowel instead of h… Read More
2024-03-24 09:22
In a Texas medical malpractice wrongful death case where the plaintiff alleged that a resident of a rehabilitation facility died as a result of the staff failing to properly monitor her bloo… Read More
Michigan Appellate Court Holds Hospital Not Liable For ER Malpractice Under Ostensible Agency Theory
2024-03-23 09:28
Hospital Liability For Medical Malpractice A hospital may be 1) directly liable for malpractice, through claims of negligence in supervision of staff physicians as well as selection and rete… Read More
2024-03-22 09:23
The United States Department of Justice announced on January 4, 2024 that H. Lee Moffitt Cancer Center & Research Institute Hospital Inc. (Moffitt), a non-profit cancer treatment and res… Read More
2024-03-21 09:21
The Appellate Court of Illinois First District Sixth Division (“Illinois Appellate Court”) stated in its January 5, 2024 Opinion: “In the competition for healthcare market… Read More
2024-03-20 09:30
The United States Court of Appeals for the Sixth Circuit (“Federal Appellate Court”) stated in its October 26, 2023 Opinion: “Bradley Grote died of acute methamphetamine in… Read More
2024-03-19 09:25
A Complaint filed on January 4, 2024 in the Superior Court of California for the County of Los Angeles against CooperSurgical, Inc. The Cooper Companies, Inc., and others alleges, in part: D… Read More
2024-03-18 09:29
Injection lipolysis (“lipo” = fat, “lysis” = breakdown) is a nonsurgical procedure that involves administering a series of injections under the skin to break down fat… Read More
2024-03-17 09:24
A Florida medical malpractice plaintiff alleged that the defendant doctors were negligent in failing to timely refer Wendy Metzler for a chest CT scan, a delay which deprived her of a chance… Read More
2024-03-16 09:23
On March 14, 2024, an Illinois jury returned its verdict against Enfamil baby formula manufacturer Mead Johnson, a unit of Reckitt Benckiser, in the amount of $60 million for the death of ba… Read More
2024-03-15 09:30
Background Facts For approximately eight years, Susan Gwynne—either in her position as a nurse’s aide or while posing as one—stole items of sentimental and monetary value f… Read More
2024-03-14 09:28
In 2013, Veronica Yeakle went to the emergency room after a fall related to a problem with her right knee. At the hospital, Dr. Abubakar Atiq Durrani was called to consult on whether the pro… Read More
2024-03-13 09:29
The U.S. Department of Justice announced on October 26, 2023 charges against a former executive at HealthSun Health Plans Inc. (HealthSun), a Medicare Advantage organization that operates Me… Read More
2024-03-12 09:25
In mid-December 2023, a New York medical malpractice jury awarded the estate of a woman $5 million and her husband $2 million against her rehabilitation attending physician who was treating… Read More
2024-03-11 09:21
A study published on JAMA Network on December 26, 2023 reported: “In a difference-in-differences examination of 662 095 hospitalizations at 51 private equity–acquired hospi… Read More
2024-03-10 09:22
The Supreme Court of Ohio held in its December 28, 2023 opinion: “The broad definition of “medical claim” that applies to the statute of repose clearly and unambiguously in… Read More
2024-03-09 10:21
To establish a prima facie case of medical malpractice in Iowa, the plaintiff must ordinarily provide expert testimony that the defendant breached the relevant standard of care. In such a ca… Read More
Pennsylvania Appellate Court Orders Disclosure Of Patient Safety Records In Medical Malpractice Case
2024-03-08 10:25
The Superior Court of Pennsylvania, in a non-precedential decision filed on December 15, 2023, held: “based on our interpretation of section 311(a) and the record in this appeal, we ho… Read More
2024-03-07 10:28
On December 18, 2023, the U.S. Department of Justice announced that BioTelemetry Inc. and its subsidiary, LifeWatch Services Inc., headquartered in Malvern, Pennsylvania, and Rosemont, Illin… Read More
2024-03-06 10:25
In a South Carolina medical malpractice case in which the plaintiff alleged that the defendant neurosurgeon negligently removed an excessive portion of the right L5/S1 facet joint and failed… Read More
2024-03-05 10:20
A Georgia medical malpractice jury returned its verdict on December 20, 2023 in favor of the plaintiff in the amount of $3.2 million and an additional $308,000 in favor of the plaintiff&rsqu&hell…Read More
2024-03-04 10:23
The United States Department of Justice announced on August 21, 2023 deferred prosecution agreements resolving criminal antitrust charges against Teva Pharmaceuticals USA, Inc. (“Teva… Read More
2024-03-03 10:30
A proposed class action lawsuit was filed in the United States District Court for the Northern District of Ohio on December 20, 2023 against Salem Community Hospital and one of its medical v… Read More
2024-03-02 10:20
“Medical Claim” R.C. 2305.113(E)(3) defines the term “medical claim” for statute of limitations purposes and provides, in relevant part:“Medical claim” me… Read More
2024-03-01 10:26
Last week a Wicomico County, Maryland medical malpractice six-person jury awarded $3.38 million against defendants Peter Libby, M.D. and Peninsula Radiological Associates in favor of Mary Ra… Read More
2024-02-29 10:21
The Appellate Court of Maryland, in its Per Curium unreported opinion filed on January 4, 2024, stated: Brian Keith Waugh, appellant, sued Dimensions Health Corporation, appellee, in the Cir… Read More
2024-02-28 10:25
On December 19, 2023, the United States Department of Justice announced that Community Health Network Inc. (“Community”), a health care network headquartered in Indianapolis, has… Read More
2024-02-27 10:21
Background Facts Plaintiff, as administratrix ad prosequendum for the estate of decedent, sued a nursing facility and a hospital alleging negligent care that resulted in pressure wounds and… Read More
2024-02-26 10:28
A Georgia medical malpractice lawsuit filed on December 13, 2023 alleges that the defendant OB used too much force during delivery of a baby, thereby decapitating the baby. Twenty-year-old J… Read More
2024-02-25 10:26
Due to the complex nature of legal proceedings and ongoing appeals, definitive information about the largest medical malpractice verdicts in 2023 might not be readily available or finalized… Read More
2024-02-24 10:25
ProPublica stated in its December 15, 2023 report entitled Doctors With Histories of Big Malpractice Settlements Work for Insurers, Deciding If They’ll Pay for Care that it and The Cap… Read More
2024-02-23 10:24
On February 15, 2024, a Baltimore nursing home malpractice jury returned its verdict in the amount of $1.5 million for the death of a nursing home resident who died from an infection resulti… Read More
2024-02-22 10:22
A federal lawsuit filed in December 2023 in the United States District Court District of Massachusetts alleges, in part: Ms. Depoian and her husband saw Dr. Berger in 1980 for assistance con… Read More
2024-02-21 10:24
The Supreme Court of Alabama held in its February 16, 2024 opinion: “This Court has long held that unborn children are “children” for purposes of Alabama’s Wrongful D… Read More
2024-02-20 10:21
An Indiana man brought an Indiana medical malpractice claim against a doctor whom he alleged failed to properly treat his toe infection, ultimately leading to a below the knee amputation. As… Read More
2024-02-19 10:28
An Arizona medical malpractice jury awarded Plaintiff Sharon King $5.29 million in early December 2023. after a week-long trial, that her Arizona medical malpractice attorney described… Read More
2024-02-18 10:24
On December 7, 2023, the San Francisco District Attorney announced that Dr. Gary Martinovsky (51) of San Francisco, his office assistant and mother-in-law, Raisa Rikoshinsky (68) of San… Read More
2024-02-17 10:22
Christopher Costello was a professional baseball player who played for two Florida-based minor league affiliates of theMinnesota Twins (the “Twins”). In March 2019, the Twins arr… Read More
2024-02-16 10:26
On December 7, 2023, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), announced a settlement with Lafourche Medical Group, a Louisiana medical group spe… Read More
2024-02-15 10:23
The New York Attorney General Office issued a report on December 7, 2023 entitled “Inaccurate and inadequate:Health plans’ mental health provider network directories” that… Read More
2024-02-14 10:25
On December 28, 2021, the plaintiff was admitted to Autumn Care of Cornelius (“Autumn Care”), a nursing facility operated by the defendants, following a health incident. The plai… Read More
2024-02-13 10:28
The Supreme Court of the State of Washington (“Washington Supreme Court”) stated in its En Banc opinion filed on December 7, 2023: “we reaffirm the legislature’s broa… Read More
2024-02-12 10:21
The Supreme Court of Appeals of West Virginia (“West Virginia Supreme Court”) stated in its November 8, 2023 opinion: “By certified question, this Court is asked whether pa… Read More
2024-02-11 10:25
A North Carolina medical malpractice lawsuit filed on November 27, 2023 alleges that the medical staff at Defendant MH Mission Hospital in Ashville, North Carolina failed to provide appropri… Read More
2024-02-10 10:27
When the wife of a 41-year-old commercial real estate broker heard a thud in their bathroom at 3 a.m. in November 2018, she could not imagine that her husband and the father of their two you… Read More
2024-02-09 10:28
The Court of Appeals of Georgia stated in its December 4, 2023 opinion: “The central question in this appeal is whether a professional negligence action alleging breach of the standard… Read More
2024-02-08 10:21
The Court of Appeal for the State of California Sixth Appellate District (“California Appellate Court”) stated in its December 1, 2023 published opinion: “In this appeal we… Read More
2024-02-07 10:21
As we discussed in yesterday’s blog posting, an Iowa birth injury medical malpractice jury’s record-setting $97 million verdict against an Iowa medical clinic has led to the fili… Read More
2024-02-06 10:31
Forbes Advisor recently reported on its anaylsis of the medical malpractice experiences of all 50 U.S. states and found that nationally, the U.S. pays out over $184 billion for medical malpr… Read More
2024-02-05 10:21
On November 8, 2023, a Kansas woman filed a Kansas medical malpractice lawsuit against Saint Luke’s Health System and its physicians alleging that their medical negligence in failing t… Read More
2024-02-04 10:24
On November 29, 2023, a New York Supreme Court Queens County medical malpractice jury returned its verdict in the amount of $7 million in favor of plaintiffs Peter Wang and his wife, Tien Yu… Read More
2024-02-03 10:21
Background Facts The defendant law firm represented Doe in a medical malpractice action against a hospital and other medical staff. During that litigation, the evidence established that, aft… Read More
2024-02-02 10:22
Maryland Medical Malpractice Statute Of Limitations The Maryland statute of limitations applicable to negligence claims against health care providers is set forth in Section 5-109(a) of the… Read More
2024-02-01 10:29
On November 15, 2023, the United States Attorney’s Office for the Central District of California announced that Prema Thekkek, her Vacaville-based management company, Paksn Inc., and s… Read More
2024-01-31 10:26
Texas Medical Liability Act The Texas Medical Liability Act requires healthcare liability claimants to timely serve a defendant healthcare provider with an adequate expert report. TEX. CIV… Read More
2024-01-30 10:27
On August 27, 2015, Cheri Tiller was 26 weeks pregnant when she noticed some bleeding and abdominal pain after intercourse. She called SSWC to leave a message about her symptoms. She receive… Read More
2024-01-29 10:26
At about 3 a.m. on April 16, 2022, two employees with Medway Ambulance Service in South Carolina reportedly responded to the home of 72-year-old Kenneth LaPorte Sr., whose oxygen saturation… Read More
2024-01-28 10:27
Following a Georgia medical malpractice jury trial, the trial court entered judgment on February 9, 2023 against Athens Heart in the amount of $4,363,000 plus court costs and post-judgment i… Read More
2024-01-27 10:21
A professional society specializing in the study and treatment of infectious diseases published guidelines in a peer-reviewed medical journal for treating Lyme disease. Individuals who claim… Read More
2024-01-26 10:29
On November 7, 2019, Plaintiff Laura S. Christie was admitted to Defendant Baptist Memorial Hospital d/b/a Baptist Memorial Hospital for Women (“Baptist”) for the birth of her da… Read More
2024-01-25 10:30
Cecil Kepner brought a negligence and wrongful death lawsuit in his individual capacity and as successor in interest to his mother Darlene Kepner (“Darlene”) against the owners a… Read More
2024-01-24 10:29
On June 21, 2023, a Virginia medical malpractice jury returned its verdict in the amount of $2.5 million in favor of a woman who alleged that she was not provided adequate anesthesia during… Read More
2024-01-23 10:23
Background Facts In May 2011, Barbara Petillo sought treatment from the defendant Paul Maller, her primary care doctor, for an unexplained fever. After treatment with oral antibiotics failed… Read More
2024-01-22 10:26
Lyme disease has been a nationally notifiable condition in the United States since 1991. Reports of Lyme disease are collected and verified by state and local health departments in accordanc… Read More
2024-01-21 10:21
Berman De Paz-Martinez, Jr., a twenty-one-year-old, was severely injured after he jumped out of a moving vehicle. He was hospitalized, and later died after Dr. Theresa Duane disconnected him… Read More
2024-01-20 10:21
Background Facts Douglas Widmar sustained traumatic injuries when he accidentally crashed his ultralight plane on October 8, 2015. Emergency responders intubated him with an endotracheal ven… Read More
2024-01-19 10:29
Jonathan Cavins was a pediatrician who was convicted of two counts of felony child molesting, one count of felony sexual misconduct with a minor, and two counts of felony child seduction for… Read More
2024-01-18 10:30
Laurie Gardner, a nurse at St. Mary Medical Center, Inc. (the Hospital), filed a proposed complaint against Anonymous Physician for medical malpractice. Anonymous Physician sought dismissal… Read More
South Carolina Federal Court Denies Defendants’ Motions To Dismiss In Filshie Clips Migration Case
2024-01-17 10:28
On September 7, 2023, the federal court in South Carolina denied the Defendants’ respective motions to dismiss the Plaintiffs’ Filshie clips migration case. The federal court sta… Read More
2024-01-16 10:28
A study published on January 8, 2024 in JAMA Network entitled Diagnostic Errors in Hospitalized Adults Who Died or Were Transferred to Intensive Care investigated how often diagnostic errors… Read More
2024-01-15 10:28
Katherine Decker, 70, went to University of Iowa Hospitals & Clinics (“UIHC”) on December 12, 2018 for outpatient magnetic resonance imaging (“MRI”) of a suspicio… Read More
2024-01-14 10:22
The parents of Z.R. brought a Missouri medical malpractice action asserting that the defendants negligently failed to evaluate and treat her bilateral hip dysplasia when she was an infant. H… Read More
2024-01-13 10:26
The parents of a 16-year-old high school student allege in their Connecticut medical malpractice wrongful death lawsuit that Henry Farmer V was taken to the ER of Stanford Hospital on April… Read More
2024-01-12 10:24
The Appellate Court of Illinois First District Fourth Division (“Illinois Appellate Court”) held in its Order filed on November 2, 2023 that the defendant hospital did not have a… Read More
2024-01-11 10:25
The Pennsylvania Attorney General announced on November 2, 2023 dozens of new charges have been filed against Heather Pressdee, 41, a western Pennsylvania nurse, who was previously charged w… Read More
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