A CDC study published on February 26, 2021 entitled, “Suspected Recurrent SARS-CoV-2 Infections Among Residents of a Skilled Nursing Facility During a Second COVID-19 Outbreak — Kentucky, July–November 2020” stated: “Reinfection with SARS-CoV-2, the virus that causes coronavirus disease 2019… Read More
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Will Increased Use Of Telemedicine Result In Increase In Medical Malpractice Claims?
Telemedicine may be defined as the use of electronic information and communications technologies to provide and support health care when distance separates the participants, or as the practice of medicine using technology to deliver care at a distance where a… Read More
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Massachusetts Supreme Court Holds Dismissal Of State-Law-Based Medical Device Claim Was Appropriate
The Massachusetts Supreme Court held in it opinion filed on January 29, 2021 in a defective medical device case that “the complaint does not proffer sufficient factual assertions that plausibly establish causality between Genzyme’s purportedly tortious activities and Dunn’s injuries…. Read More
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New York Appellate Court Rules 2 ER Visits 2.5 Years Apart Not Subject To Continuous Treatment Doctrine
In its Decision and Order dated January 28, 2021, the Supreme Court of the State of New York Appellate Division, First Judicial Department (“New York Appellate Court”) held: “Supreme Court properly dismissed plaintiff’s action against Montefiore [Montefiore Medical Center] on… Read More
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Federal Appellate Court Reverses Summary Judgment For Defendants For Lack Of Adequate Medical Care In Jail
The United States Court of Appeals for the Ninth Circuit (“Federal Appellate Court”) held in its opinion dated January 13, 2021: “Viewing the evidence in Plaintiff’s favor, a jury could conclude that Ronnie Sandoval would not have died but for… Read More
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Brian Tally VA Employment Transparency Act
The Brian Tally VA Employment Transparency Act (“Act”) was signed into law on January 5, 2021. The Act provides that any veteran or family member who has filed a claim against the United States Department of Veteran Affairs (“VA”) for… Read More
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Tennessee Supreme Court Rules Medical Malpractice Plaintiff Failed To Provide Pre-Suit Notice To Proper Employer
James Bidwell (the plaintiff) filed his Tennessee medical malpractice action individually and on behalf of his deceased wife, Clarissa Bidwell, and her estate against Drs. Timothy Strait and Jeffrey Colburn (“the physician Defendants”) and the entities he believed to be… Read More
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New Jersey Appellate Court Affirms No Affidavit Of Merit Needed For Malpractice Claim Involving Unlicensed Employee
The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) stated in its published opinion filed on January 27, 2021, “This appeal presents a discrete yet novel issue, requiring us to determine whether an affidavit of merit (AOM)… Read More
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Arkansas Appellate Court Affirms Summary Judgment For Radiology Group In Paraplegia Medical Malpractice Case
On January 27, 2021, the Arkansas Court of Appeals Division III held: “The question of law presented is whether the Magranses can maintain their claim that ROR [Radiologists of Russellville, P.A.] is vicariously liable for the actions of Dr. Hale… Read More
