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Michigan Supreme Court Rules Filing Affidavit Of Merit In Medical Malpractice Cases Not Required To Commence A Medical Malpractice Action Or To Toll Statute Of Limitations

September 20, 2023

Background Facts Candi Ottgen and her husband, Patrick Ottgen, brought a medical malpractice action against Abdalmaijid Katranji, M.D., and others, alleging that Katranji had negligently performed two thumb surgeries on Candi Ottgen on May 1, 2017, and July 23, 2017. Plaintiffs filed the action on A[...]

Rhode Island Supreme Court Rules Non-Settling Medical Malpractice Defendants Not Entitled To Discover Amounts Of Settlements

September 19, 2023

Background Facts The plaintiffs settled their Rhode Island medical malpractice claims with all defendants except for Dr. Sambandam; stipulations dismissing plaintiffs’ claims against the settling codefendants entered on March 26, 2020. Doctor Sambandam, the sole remaining defendant, filed a supple[...]

Michigan Appellate Court Holds No Evidence Doctors Who Treated Patient In Hospital Were Ostensible Agents Of The Hospital

September 18, 2023

To establish a claim of ostensible agency, a plaintiff must show that the plaintiff reasonably believed in the putative agent’s authority generated by some act or omission of the putative principal, and that the plaintiff’s own negligence did not contribute to any misapprehension. In the case th[...]

Pennsylvania Nursing Home RN Charged With Killing Two Residents And Intentionally Drugging A Third

September 17, 2023

Nursing Home RN Charged With Killing Two Residents: Pennsylvania Attorney General Michelle Henry announced on May 25, 2023 criminal charges filed against a western Pennsylvania registered nurse accused of administering lethal doses of unnecessary medication that resulted in the death of two patients[...]

Could Nursing Homes Meet Increased Staffing Requirements?

September 16, 2023

KFF (formerly known as The Kaiser Family Foundation) recently analyzed the percentage and characteristics of long-term care facilities (nursing homes) that would meet higher levels of nursing staff, if required under Medicare and Medicaid, and found “virtually all nursing facilities meet curre[...]

Federal Appellate Court Remands Nursing Home Negligence Lawsuit To State Court

September 15, 2023

Court Remands Nursing Home Negligence Lawsuit: The United States Court of Appeals for the Second Circuit (“Federal Appellate Court”) held in its Summary Order dated April 13, 2023 that the Public Readiness and Emergency Preparedness (PREP) Act did not completely preempt the plaintiffR[...]

National Poll Finds More Than One-Third Of Americans Give Nursing Homes D+ For Quality Of Care

September 14, 2023

A national survey conducted online from July 5 to July 24, 2023 by West Health and Gallup, Inc. found that 36% of the respondents gave nursing homes in the United States a “D” (poor) rating for quality of care; 6% gave them an “F” (fail); 33% grade nursing homes as satisfactory (C”[...]

$3M Virginia Medical Malpractice Verdict For Delayed Treatment Of Knee Infection Following Surgery

September 13, 2023

$3M For Delayed Treatment Of Knee Infection Following Surgery: On February 16, 2023, a Virginia medical malpractice jury returned its verdict in the amount of $3 million after about five hours of deliberations for a 63-year-old man who suffered osteomyelitis that led to permanent knee fusion because[...]

$9.7M Michigan Medical Malpractice Verdict For Death From Infected Surgical Wound

September 12, 2023

$9.7M For Death From Infected Surgical Wound: On April 27, 2023, a Macomb County Michigan medical malpractice jury deliberated for about five hours after more than two weeks of trial before returning an unanimous verdict in the amount of $9,702,296 against Henry Ford Macomb Hospital Corporation and [...]

Indiana Appellate Court Finds Claim For Alleged Inappropriate Sexual Contact During Medical Examination Is Not Medical Malpractice Claim

September 11, 2023

Inappropriate Sexual Contact During Medical Examination Is Not Medical Malpractice: The Indiana Medical Malpractice Act defines “malpractice” as “a tort or breach of contract based on health care or professional services that were provided, or that should have been provided, by a health care p[...]

Massachusetts Eye and Ear Agrees To Pay Over $5.7 Million To Resolve False Claims Act Allegations

September 10, 2023

Massachusetts Eye and Ear Agrees To Pay $5.7 Million: The United States Attorney’s Office District of Massachusetts announced on May 24, 2023 that Massachusetts Eye and Ear Infirmary, Massachusetts Eye and Ear Associates, Inc., and the Foundation of the Massachusetts Eye and Ear Infirmary, Inc[...]

Tennessee Federal Lawsuit Alleges Nursing Home’s Negligence Led To Resident’s Death

September 9, 2023

Lawsuit Alleges Nursing Home’s Negligence Led To Resident’s Death: A Tennessee federal lawsuit was filed on July 5, 2023 in the United States District Court for the Eastern District of Tennessee Southern Division by the Plaintiff, individually as daughter and next of kin and on behalf of[...]

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