Federal Malpractice Claims Archives - Medical Malpractice Lawyers

Federal Lawsuit Alleges Plaintiff Harmed By VA Spinal Cord Stimulator Study

August 4, 2026

On May 20, 2026, an Arizona man filed a federal tort claim (medical malpractice) lawsuit against the United States in the U.S. District Court for the District of Arizona alleging that he was implanted with a spinal cord stimulator during a VA clinical study that caused him to lose his ability to wal[...]

Federal Appellate Court Affirms Dismissal Of Pro Se Plaintiff’s EMTALA Complaint

June 30, 2026

The United States Court of Appeals for the Eleventh Circuit affirmed the dismissal of the pro se plaintiff’s EMTALA complaint in its unpublished Opinion filed on May 5, 2026, stating, in part: “Here, the district court properly determined that Plaintiffs failed to allege sufficient facts[...]

U.S. Supreme Court Rules Delaware’s Medical Malpractice Affidavit Law Does Not Apply In Federal Court

January 21, 2026

Background Facts While on a trip to Delaware, Harold Berk fell out of bed. According to his complaint, he was taken by ambulance toa hospital owned by Beebe Medical Center, Inc., where an X ray revealed a fractured ankle. Dr. Wilson Choy recommended that Berk be fitted with a protective boot. The fi[...]

Federal Appellate Court Revives Pre-Trial Detainee’s Deliberate Indifference Claim

January 19, 2026

The United States Court of Appeals for the Fourth Circuit stated in its November 20, 2025 decision: “Starting with Gunter’s § 1983 claim for deliberate indifference under the Fourteenth Amendment, we find that the district court erred in finding Gunter’s evidence did not “create a genui[...]

Federal Appellate Court States Certain Protections “Do Not Stop At The Prison Gates”

November 23, 2025

“The protections afforded by the Eighth Amendment, the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 etseq., and the Rehabilitation Act (RA), 29 U.S.C. § 701 et seq., do not stop at the prison gates. So when an inmate, whether counseled or pro se, claims that prison officials igno[...]

Federal Appellate Court Affirms Summary Judgment For Defendants Sued As Individuals In Prisoner’s Malpractice Case

November 15, 2025

Plaintiff Keith Brown is a state prisoner in Pennsylvania. Brown initially filed a civil complaint in state court. Defendants Dr. Mary Joy Monsalud, Dr. Newton, and Karen Holly removed Brown’s state court complaint to the United States District Court for the Middle District of Pennsylvania as it r[...]

Study Investigated Multidrug-Resistant Organisms In VA Nursing Homes

July 14, 2025

The study reported: “Nursing home (NH) residents in the United States routinely attend interactive visits for services such as therapy or dialysis, creating opportunities for pathogen transmission. A paucity of studies exist which delineate spread of pathogens beyond residents’ in-room envir[...]

Providence Park, Inc. Agrees To Pay $6.5 Million To Settle Civil False Claims Act Allegations

April 17, 2025

Providence Park, Inc., doing business as Ascension Living Providence Village, and Ascension Providence, formerly known as Providence Health Services of Waco, have agreed to pay the United States and the State of Texas $6,526,851.64 to resolve allegations under the Federal False Claims Act and the Te[...]

Federal Judge Allows Some Class-Action Claims To Proceed Against UnitedHealth Group For Denying Coverage To Its Customers

April 1, 2025

The Allegations Plaintiffs claim in their class-action lawsuit that UnitedHealthcare (UHC) used an artificial intelligence program, nH Predict AI Model (“nH Predict”), in lieu of physicians to make coverage determinations. nH Predict compares the specific patient with similar patients and recomm[...]

$6.5M FTCA Medical Malpractice Verdict For Botched Gastric Sleeve Surgery

October 26, 2024

On August 23, 2024, a federal judge from the United States District Court for the Middle District of Florida awarded $6.5 million to a military spouse who suffered very serious harm due to the alleged medical negligence of a Navy surgeon who performed gastric sleeve surgery on her to manage her diab[...]

Federal Appellate Court Affirms Delaware’s Affidavit of Merit Requirement In Medical Malpractice Cases Applies In Federal Court

September 30, 2024

Del. Code Ann. tit. 18, § 6853(a)(1)-(3) The Delaware Affidavit of Merit (“AOM”) statute provides: (a) No health-care negligence lawsuit shall be filed in this State unless the complaint is accompanied by: (1) An affidavit of merit as to each defendant signed by an expert witness, . . .[...]

Florida Statute Of Limitations For Vaginal Mesh Cases

August 23, 2024

Under Florida’s statute of limitations, a plaintiff has four years to initiate a products liability suit. Fla. Stat. §§ 95.11(3)(e), 95.031(2)(b) (2014). The four-year period begins to run from the date that the facts giving rise to the cause of action were discovered, or should have been discov[...]

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Category: Federal Malpractice Claims