Federal Medical Malpractice Claims Archives - Page 3 of 18

Federal Appellate Court Affirms Dismissal Of Removed State Medical Malpractice Case For Failure To Comply With Federal Law

June 13, 2024

Dwan and Aaron Bray filed a medical malpractice lawsuit in state court individually and on behalf of their minor child, N.B., against Dr. Timothy J. Thress and various medical entities and actors. Plaintiffs sought damages stemming from defendants’ negligence as to Dwan Bray’s pre-natal care and[...]

Federal Appellate Court Holds EMS Transport Without Consent Is Medical Malpractice Claim

June 9, 2024

Thomas Sutton sought damages from Fayette EMS for allegedly falsely imprisoning, and assaulting and battering him while transporting him from a local clinic where he sought medical care to a nearby hospital for higher level care. Background Facts In March 2022, Sutton, who is a disabled veteran with[...]

Tennessee Federal Medical Malpractice Lawsuit Fails Because Plaintiff Failed To Follow Expert Rule

May 27, 2024

Oral Moore sued for damages under the Federal Tort Claims Act for medical malpractice by physicians at the Memphis Healthcare Center of the Department of Veterans Affairs. He sustained floppy glans and a shortening of penile length from a surgical implantation of an inflatable penile prosthesis. The[...]

Federal Appellate Court Clarifies Jurisdictional Filing Requirements For Medical Malpractice Claims Under Federal Tort Claims Act

May 24, 2024

The United States Court of Appeals for the Fourth Circuit (“Federal Appellate Court”) held in its March 12, 2024 published opinion: “Plaintiffs brought this action against the United States pursuant to the Federal Tor Claims Act (“FTCA”), asserting negligence, wrongful death, a[...]

Federal District Court Rules MAO Has No Lien For Medical Expenses In Claim Against U.S. For Medical Malpractice Wrongful Death, Loss Of Consortium

May 18, 2024

Paula Meador (“Ms. Meador”) received treatment from Dr. Kim Houde (“Dr. Houde”), an employee of the United States, for her bipolar disorder. Dr. Houde prescribed lithium carbonate to treat Ms. Meador. After falling unconscious, Ms. Meador was diagnosed with acute lithium toxicity due to the [...]

DOD Increases Damages Available In Service Member Medical Malpractice Claims

May 14, 2024

The Department of Defense (DoD) published on May 10, 2024 a Final Rule in the Federal Register updating its regulation on the medical malpractice claims process for Active-Duty Service members. The updated rule eliminates the offset requirement for payments for non-economic damages. The updated regu[...]

$9.5M Medical Malpractice Settlement Involving Tripler Army Medical Center For Botched Gastric Bypass Surgery

April 2, 2024

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 patient underwent in November 2020 at Tripler Army Medical Center in Honolulu, Hawaii. The surgeons who performed th[...]

DoD’s Proposed Changes To Service Member Medical Malpractice Claims Regulations

October 27, 2023

On October 20, 2023, the U.S. Department of Defense published in the Federal Register proposed updates to its regulations on how Service members can file claims for medical malpractice that may have occurred in military medical treatment facilities. Effective immediately, the Department increased th[...]

Federal Appellate Court Affirms Expert Failed To Exclude Other Causes Of Harm Suffered By Medical Malpractice Plaintiff

October 16, 2023

Gloria Smith brought a lawsuit against the United States under the Federal Tort Claims Act, alleging that Dr. Kennedy Okere, a doctor at the Curtis V. Cooper Primary Health Center (“CVC”), a federally-supported health center, committed medical malpractice. According to Smith, Okere prescribed a [...]

Federal District Court Finds United States Entitled To Charitable Immunity Cap In Massachusetts Medical Malpractice Case

September 5, 2023

Underlying Facts United States Entitled To Charitable Immunity Cap In Massachusetts Malpractice Case: Since at least 2012, Paula Meador was a patient at Greater Gardner Community Health Center (“GGCHC”), which is located in Worcester County, Massachusetts. GGCHC is a location of Community Health[...]

Federal Appellate Court Reinstates Deliberate Indifference Medical Malpractice Claim

August 1, 2023

Court Reinstates Deliberate Indifference Claim: Shelly Kaye Stevens (“Appellant”), as personal representative of the estate of James Allen Leslie Stevens (“Decedent”), filed a second amended complaint alleging Decedent suffered deliberate indifference to his serious medical needs while in cu[...]

Federal Appellate Court Holds Baby, Mother Entitled To Separate Noneconomic Damages Cap In California Birth Injury Case

July 27, 2023

Court Holds Baby, Mother Entitled To Separate Noneconomic Damages Cap In California Birth Injury Case: At the time a federal medical malpractice birth injury case arose, section 3333.2(a) of the California Civil Code provided that “[i]n any action for injury against a health care provider based on[...]

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Category: Federal Medical Malpractice Claims