The Massachusetts Supreme Court stated in its opinion filed on February 26, 2021: “In this medical malpractice case, we are asked once again to clarify our case law on causation, along with a series of other issues that are more… Read More
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89-Year-Old Hospital Patient In Argentina Declared Dead, Wakes Up During Cremation
An 89-year-old woman in Argentina went to a private hospital complaining of chest pain where she was found to also have shortness of breath. The hospital subsequently declared her dead. The local police reported, “The woman’s daughter went to the… Read More
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CDC Study: Five Nursing Home Residents Reinfected With COVID-19 Had More Serious Symptoms
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
