Medical Malpractice Laws Archives - Page 142 of 143

Indiana Supreme Court Holds Indiana Patient’s Compensation Fund Liable

November 20, 2012

In its decision rendered on October 31, 2012, the Indiana Supreme Court rejected the arguments of the Indiana Patient’s Compensation Fund in defending against a petition to recover excess damages arising out of a medical malpractice action when the Fund attempted to challenge the existence or[...]

Pennsylvania Superior Court Declares PA Wrongful Birth Law Unconstitutional

November 19, 2012

On November 14, 2012, the Superior Court of Pennsylvania declared that the Pennsylvania statute prohibiting causes of action for wrongful birth and wrongful life (42 Pa.C.S.A. § 8305) was unconstitutional because the manner in which § 8305 was enacted violated the “single-subject rule” cont[...]

New Hampshire Supreme Court Upholds/Overturns Part Of Medical Malpractice Law

November 7, 2012

On October 30, 2012, the Supreme Court of New Hampshire (“Supreme Court”) issued an opinion in an appeal regarding New Hampshire’s medical malpractice law. In particular, the Supreme Court was asked to determine if the lower court (the trial court) was correct when it ruled that t[...]

Missouri Vioxx Class Action Lawsuit Settled

November 5, 2012

Merck & Co. Inc. (“Merck”) has agreed to settle class action claims against it filed in Missouri regarding its former drug, Vioxx. The Missouri class action lawsuit that was filed eight years ago alleged that Merck violated the Missouri Merchandising Practices Act when it sold and [...]

New Mexico Nursing Home Arbitration Agreement Declared Unenforceable

November 3, 2012

In an August 16, 2012 decision from the Court of Appeals of New Mexico (“the Court”), the Court affirmed that an agreement to arbitrate claims contained in a nursing home agreement between the nursing home resident and the nursing home was “substantively unconscionable” und[...]

New York Hospital Agrees To Pay $7 Million Civil Fraud Settlement

October 28, 2012

On October 24, 2012, the U.S. Attorney for the Southern District of New York announced that a New York public hospital, Westchester Medical Center (“WMC”), through its parent corporation, has agreed to pay $7 million to settle a federal civil fraud lawsuit filed under the False Claims A[...]

Are Fungal Meningitis Claims Medical Malpractice Or Product Liability Claims?

October 26, 2012

As the recent fungal meningitis outbreak in the United States associated with contaminated epidural steroid injections produced by the New England Compounding Center (NECC) since May 21, 2012 spreads to more people in more states, one issue that will need to be resolved, and which may be resolv[...]

Veteran’s Medical Malpractice Claim For Deficient PTSD Treatment

October 18, 2012

An honorably discharged former U.S. marine who participated in the invasion of Iraq filed a federal medical malpractice claim naming the U.S. Department of Veterans Affairs as the defendant, claiming that the treatment he received for Post Traumatic Stress Disorder (“PTSD”) at the Wi[...]

What Is A “Compounding Pharmacy”?

October 12, 2012

With the current attention being focused on the fungal meningitis outbreak in the United States that appears to be the result of contaminated epidural steroid injections manufactured by the compounding pharmacy, New England Compounding Center (“NECC”), you may wonder, what is a compou[...]

Maryland’s New Physician Advertising Law

October 8, 2012

Maryland enacted a new law regarding advertising by physicians that became effective on October 1, 2012. The new law can be found in the Annotated Code of Maryland, Health Occupations Article, Section 14-503, and is entitled “Advertising.” The intent of Section 14-503 is described as [...]

Kansas Supreme Court Upholds Damages Cap In Medical Malpractice Cases

October 6, 2012

In its opinion published on October 5, 2012, the Supreme Court of the State of Kansas (“Kansas Supreme Court”) upheld Kansas’ $250,000 cap on noneconomic damages in medical malpractice cases as constitutional. The case is captioned Miller v. Johnson, Case No. 99,818 (“Mille[...]

Federal Medical Malpractice Claim For Vet’s Frozen, Amputated Penis

October 4, 2012

On October 2, 2012, an Army veteran who served during the late 1960s filed a federal medical malpractice case in the federal district court in Kentucky as a result of the alleged medical negligence of a Veterans Administration nurse following surgery on his penis. The surgery that was done i[...]

« 1 … 137 138 139 140 141 142 143 »

Category: Medical Malpractice Laws