Is it Medical Malpractice? Archives - Page 6 of 22

Recoverable Damages In Negligent Reproductive Health Care Cases

Illinois Supreme Court Allows Claim For Non-Use Of AED

August 13, 2022

The Illinois Supreme Court stated in its opinion dated May 19, 2022: “The main question presented in this case is whether a physical fitness facility has a duty under either the Physical Fitness Facility Medical Emergency Preparedness Act (Facility Preparedness Act) (210 ILCS 74/1 et seq. (201[...]

Massachusetts Appeals Court Holds Claim Against Hospital Was For Medical Malpractice And Not Ordinary Negligence

August 7, 2022

Court Holds Claim Against Hospital For Malpractice And Not Negligence: In its opinion dated May 17, 2022, the Massachusetts Appeals Court held that the plaintiff’s claims were for medical negligence and not ordinary negligence: “the gravamen of the complaint sufficiently identified this [...]

83 Women Allege They Were Sexually Abused By Utah OBGYN – Was It Medical Malpractice?

July 14, 2022

83 Women Allege Sexual Abuse – Was It Medical Malpractice? Eighty three women in Utah reportedly have alleged that a Utah OBGYN sexually abused them. The allegations came to light with the February 15, 2022 filing of a lawsuit by four women against Provo OBGYN Dr. David Broadbent, accusing him[...]

Texas Supreme Court Dismisses Medical Spa Laser Skin Treatments Case For Lack Of Expert Report

July 9, 2022

The Supreme Court of Texas (“Texas Supreme Court”) stated in its opinion filed on February 25, 2022: “The plaintiff in this case alleges that the defendants negligently administered various treatments that caused scarring and discoloration to her skin. The primary issue is whether [...]

Health Insurer Denies Prior Authorization That Delays Ordered MRI, Resulting In Loss Of Leg (And Loss Of Life)

June 15, 2022

A 47-year-old woman complained to her physician that she had pain in her leg. She had six weeks of physical therapy, which did not help. A medical specialist then ordered an MRI in light of her continuing leg pain complaints over the period of six months. Her health insurance company denied authoriz[...]

Florida Appellate Court Rules Claim For Injuries From Fall From Surgical Table In Medical Facility Was For Ordinary Negligence

May 5, 2022

The Third District Court of Appeal State of Florida (“Florida Appellate Court”) stated in its opinion dated January 26, 2022: “The complaint asserted that Bloomer sustained injuries when a surgical table collapsed underneath him while he was undergoing sedation in preparation for e[...]

Whistleblower Anesthesiologist Receives Portion Of $14.6M Concurrent Surgeries Settlement From Massachusetts General Hospital

April 22, 2022

Massachusetts General Hospital (MGH) has agreed to pay $14.6 million to settle a federal lawsuit alleging it fraudulently billed government insurers for surgeries performed by trainees without proper oversight because supervising surgeons were working in another operating room, a practice known as c[...]

Texas Appellate Court Upholds That Fraud Claim Against Hospital Was Health Care Liability Claim

March 8, 2022

The Court of Appeals Thirteenth District of Texas Corpus Christi – Edinburg (“Texas Appellate Court”) held in its January 6, 2022 Memorandum Opinion in a Texas medical malpractice case: “Because Soliz’s negligent credentialing claims are HCLCs [health care liability claims][...]

What Is Patient Safety?

February 19, 2022

Multiple studies have found that 10% to 12% of hospitalized patients experience adverse events, with approximately half of these events considered preventable. The prevalence of preventable adverse events has not been as extensively studied in other health care settings, but a growing body of resear[...]

Maryland Nurse Practitioner Pleaded Guilty To Conspiracy To Distribute And Dispense Oxycodone

February 17, 2022

On January 11, 2022, a Maryland nurse practitioner pled guilty to one count of conspiracy to distribute and dispense oxycodone and one count of distribution and dispensing of oxycodone. According to the guilty plea of Justina Aburime, age 53, of Bowie, Maryland, from February 2017 to February 2020, [...]

Iowa Appellate Court Agrees Some Claims Against Hospital May Be For Ordinary Negligence

December 6, 2021

The Court of Appeals of Iowa (“Iowa Appellate Court”) stated in ts opinion filed on November 3, 2021 in a lawsuit against a hospital for injuries suffered from a patient’s fall, “Jacqueline Struck appeals the district court’s order granting the defendants’ motions to dism[...]

California Appellate Court Affirms Fall In Hospital Was Claim Alleging Medical Malpractice, Not Premises Liability

December 2, 2021

In its published opinion filed on November 2, 2021, the Court of Appeal of the State of California Second Appellate District Division Six (“California Appellate Court”) held: “Here, the nursing staff’s judgment that appellant could use the restroom without their assistance was a [...]

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Category: Is it Medical Malpractice?