Emergency Room Malpractice Archives - Page 4 of 22

Did Patient’s Undocumented, Uninsured Status Lead To Failure To Provide Proper Medical Care?

December 30, 2024

An Arizona medical malpractice lawsuit alleges that the undocumented, uninsured status of a patient led to the failure to provide timely appropriate care, which led to his death. The Arizona medical malpractice lawsuit alleges violation of EMTALA (the federal Emergency Medical Treatment and Labor Ac[...]

Georgia Appellate Court Revives EMTALA Screening Claim But Not EMTALA Stabilization Claim

December 18, 2024

The Estate of Minnie Lee Tomlinson, by and through its executrix, Cynthia Gouge Morrison, (the“Estate”) sued Houston Healthcare (the “Hospital”), alleging that when Tomlinson arrived at the Hospital’s emergency department in an unstable emergency medical condition resulting from her chroni[...]

U.S. Emergency Departments Are Failing Pediatric Patients

November 9, 2024

A research article published on November 1, 2024 on JAMA Network entitled “State and National Estimates of the Cost of Emergency Department Pediatric Readiness and Lives Saved” found: “Our results suggest that more than one quarter of deaths among children receiving emergency care [...]

$6.5M Ohio Medical Malpractice Verdict Vacated: Ohio Appellate Court Rules Medical Malpractice Expert Witness’ Past Medical License Issues Should Have Been Admitted During Trial

July 3, 2024

Carole Horseman was treated in the emergency department of Mercy Regional Medical Center four times in September 2018: once on September 7th, once on September 9th, and twice on September 11th. On September 7th and 9th, Ms. Horseman presented with complaints of neck pain. On September 11th, Ms. Hors[...]

Washington State Supreme Court Holds Hospitals Liable For Independent Contractor ER Doctors Negligence

June 21, 2024

The Supreme Court of the State of Washington stated in its Opinion filed on April 11, 2024: “A patient who goes to the emergency room, if conscious, is mostly concerned with getting care, not with untangling the contractual relationship between the hospital and the doctors who work there. And [...]

$1.6M Virginia Medical Malpractice Verdict Upended For Refusal To Provide Jury With Defendants’ Requested Jury Instruction

June 17, 2024

Patricia Hanger alleged that Dr. Allison L. Raines and Emergency Physicians of Tidewater, PLC negligently failed to treatHanger’s low blood sodium. Hanger maintained that it was this negligence which caused her to suffer a seizure, resulting in a traumatic brain injury from a fall. The defendants [...]

Maryland Appellate Court Discusses Related Specialties, Informed Consent, Internal Rule As Standard Of Care In Maryland Medical Malpractice Cases

May 15, 2024

In a published opinion of the Appellate Court of Maryland filed on March 1, 2024, the appellant was seen in the emergency room with complaints of her right foot being cool and pale, with symptoms increasing when leg elevated. The emergency medicine doctor found pedal pulses but ankle brachial index [...]

Maryland Appellate Court Affirms COVID-19 Immunity Applied In Maryland Medical Malpractice Case

May 11, 2024

Background Crystal Renae Constantine presented to the emergency department at Baltimore Washington Medical Center (“BWMC”) twice in early 2020 at the beginning of the COVID-19 pandemic. The first time was on April 22, 2020 and the second time was three days later, on April 25, 2020. During the A[...]

$8.2M Missouri Medical Malpractice Verdict For Permanent Bowel Injury Due To Delay In Treatment

April 30, 2024

In 2016, the plaintiff had surgery on her lower back. That night, her daughter found her unconscious on the floor of her bathroom. The plaintiff was transported by ambulance to the emergency room, where she complained of severe abdominal pain. As her condition continued to worsen, she was sent to th[...]

$5.785M Massachusetts Medical Malpractice Verdict Against ER Doctor For Failure To Advise Patient About Incidental CT Finding Of Lung Nodule

April 13, 2024

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 untreated for 14 months. The jury awarded $600,000 for pain and suffering, $5 million for the loss of relationsh[...]

Texas Supreme Court Discusses Willful And Wanton Negligence In Medical Malpractice Cases

March 29, 2024

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 wanton negligence” by the physician. Because antivenom poses risks to a patient, the hospital at which Dr. Kristy M[...]

Michigan Appellate Court Holds Hospital Not Liable For ER Malpractice Under Ostensible Agency Theory

March 23, 2024

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 retention of medical staff, or 2) vicariously liable for the negligence of its agents. Generally speaking, a hospi[...]

« 1 2 3 4 5 6 7 8 9 … 22 »

Category: Emergency Room Malpractice