Florida Appellate Court Holds Negligence Case Should Have Been Dismissed For Failure To Follow Medical Malpractice Presuit Procedures
The District Court of Appeal of the State of Florida Fourth District (“Florida Appellate Court”) held in its unpublished opinion dated May 20, 2020, “We agree with Defendants that the complaint sounds in medical negligence and that the trial court…
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Illinois Appellate Court Allows Wrongful Death Claim For Aborted Fetus
In its opinion filed on March 31, 2020, the Appellate Court of Illinois First District First Division (“”Illinois Appellate Court”) stated, “we answer no to the certified question that asked whether section 2.2 of the Wrongful Death Act bars a…
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North Carolina Joins Other States In Providing Medical Malpractice Immunity During Coronavirus Pandemic
North Carolina joins an increasing number of U.S. states providing health care providers with immunity from medical malpractice claims during the coronavirus pandemic, except for “gross negligence, reckless misconduct, or intentional infliction of harm by the health care facility or…
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How Do I Know If My Injury Is Due To Medical Malpractice?
“How do I know if my injury is due to medical malpractice?” This is a question we receive often. Our usual response is if you have reason to ask the question, you have reason to explore whether someone is responsible…
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Failure To Check Patient’s Identity, Medical Records Mixup Result In Abortion Provided To Wrong Woman
A woman in South Korea who was six weeks pregnant went to a clinic to have a nutritional injection. Instead, she received an unwanted abortion because the medical staff at the clinic failed to check her identity and there was…
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Pennsylvania Appellate Court Affirms $3,364,017.40 Medical Malpractice Verdict For Misinterpreted EKG
The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”), in its Memorandum Opinion filed on July 19, 2019, affirmed a Pennsylvania medical malpractice jury’s verdict in favor of the plaintiff in the amount of $3,364,017.40, stating, “It is undisputed that in…
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Georgia Couple’s Lawsuit Alleges Hospital Flushed Their Stillborn Fetus Down The Toilet
A Georgia couple is suing a Georgia hospital for $2 million, alleging that in May 2018, while the woman was 16 weeks pregnant, she went to the defendant hospital where she delivered her stillborn fetus while sitting on the toilet…
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Maryland Orthopedic Surgeon Sues Another Maryland Orthopedic Surgeon For His Injury Sustained During Simultaneous Knee Replacement Surgeries
One Maryland orthopedic surgeon sued another Maryland orthopedic surgeon for the injuries he sustained while they were simultaneously performing two knee replacement surgeries on the same patient. The plaintiff alleged that the defendant failed to stay on his side of…
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Maryland’s Highest Appellate Court Finds No Error In Instructing Medical Malpractice Jury As To General Negligence
The Court of Appeals of Maryland (“Maryland Appellate Court”), Maryland’s highest appellate court, held in its opinion filed on January 25, 2019 that the trial court did not abuse its discretion when it gave standard general instructions on negligence and…
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“Butt Butcher” Cosmetic Surgeon Has His New York Medical License Revoked
On January 9, 2019, the New York State Department of Health Office of Professional Medical Conduct revoked the medical license of a 55-year-old Brooklyn, New York gynecologist who performed liposuction and other cosmetic surgery procedures on patients at night in…
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