On October 30, 2020, a Tennessee nursing home claim arbitrator awarded $225,000 for the pain and suffering sustained by an 88-year-old nursing home resident who suffered a brain injury and died five days later as a result of a fall… Read More
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Did Argentine Soccer Legend Diego Maradona Die As A Result Of Medical Negligence?
It has been reported that soccer legend Diego Maradona, who died from a heart attack while at home in Argentina on November 25, 2020 at the age of 60, may have been the victim of medical negligence by his personal… Read More
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Superspreader Wedding In Washington Tied To At Least 7 Nursing Home Resident COVID-19 Deaths
A wedding in Washington State that was attended by more than 300 guests, including staff from three nursing homes (McKay Healthcare & Rehab Center in Soap Lake, Lake Ridge Center in Moses Lake, and Columbia Crest Center in Moses Lake)… Read More
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Connecticut Appellate Court Affirms Dismissal Of Connecticut Medical Malpractice Lawsuit Due To Attorney’s Failures To Prosecute The Case
In its opinion released on December 8, 2020, the Connecticut Appellate Court affirmed the lower court’s dismissal of the plaintiffs’ Connecticut medical malpractice wrongful death lawsuit due to the repeated failures of their attorney to prosecute the case. The plaintiffs… Read More
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Maryland Appellate Court Cites Subsequent Scientific And Medical Literature In Granting Relief To A Man Convicted In 1999 Of The Shaken Baby Syndrome Death Of His Infant Son
In its unpublished opinion dated December 1, 2020, the Court of Special Appeals of Maryland (“Maryland Appellate Court”) acknowledged scientific and medical literature published since a man’s conviction in 1999 of the Shaken Baby Syndrome killing of his infant son… Read More
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Mississippi Supreme Court Overturns Medical Malpractice Verdict For Failure To Provide Intervening/Superseding Cause Instruction
The Supreme Court of Mississippi in its opinion dated November 19, 2020 held: “Both Dr. Ilercil and Williams presented evidence that Nurse Howard was negligent by failing to contact Dr. Ilercil after she observed Williams’s rapidly declining condition, the signs… Read More
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New York Appellate Court Orders Summary Judgment For Defendants In Brain Tumor Medical Malpractice Case
The New York Appellate Division, Fourth Department (“New York Appellate Court”), in its opinion entered on November 13, 2020, held, in part: “We further conclude that the court erred in denying the cross motion of Radiology Associates for summary judgment… Read More
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Massachusetts Appellate Court Reverses Medical Malpractice Tribunal’s Finding Of Insufficient Proof
The Commonwealth of Massachusetts Appeals Court (“Massachusetts Appellate Court”) held in its Memorandum and Opinion entered on November 3, 2020: “A medical malpractice tribunal concluded that the plaintiff’s offer of proof was insufficient to present a triable claim of malpractice… Read More
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New York Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement
The New York Appellate Division, Second Department (“New York Appellate Court”), in its decision dated November 4, 2020, refused to enforce a nursing home arbitration agreement, stating that the nursing home “failed to demonstrate that the resident, or William as… Read More
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Maryland Appellate Court Discusses Loss Of Chance Doctrine, Which Maryland Rejects, And Proximate Cause In Reinstating Medical Malpractice Verdict For Plaintiffs
The Court of Special Appeals of Maryland (“Maryland Appellate Court”), Maryland’s intermediate appellate court, reinstated a Maryland medical malpractice jury’s verdict in favor of the plaintiffs in its published opinion filed on November 23, 2020. The Underlying Facts In November… Read More
