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Oklahoma Pays $1M To Settle Prison Wrongful Death Medical Malpractice Claim

August 15, 2023

Oklahoma Pays $1M To Settle Prison Wrongful Death Claim: Oklahoma has agreed to pay $1,050,000 to the mother of a prison inmate who died in 2018 at the age of 21 that a federal medical malpractice wrongful death lawsuit described as a “tragic and utterly unnecessary death … caused by the[...]

Fear Of Retaliation Forces Nursing Home Residents To Remain Silent

August 14, 2023

Retaliation Forces Nursing Home Residents To Remain Silent: The Long Term Care Community Coalition’s report issued in June 2023 entitled “They Make You Pay”: How Fear of Retaliation Silences Residents in America’s Nursing Homes” stated: “Fear of retaliation is a p[...]

New Jersey Supreme Court Addresses Who May Attend Defense Medical Examination (DME)

August 13, 2023

Court Addresses Who May Attend Defense Medical Examination: In its June 15, 2023 Opinion, the New Jersey Supreme Court stated: “We are asked here to clarify procedures regarding who may attend a defense medical examination — as well as whether and how such examinations may be recorded &#[...]

Colorado Plastic Surgeon Found Guilty Of Attempted Manslaughter

August 12, 2023

Surgeon Found Guilty Of Attempted Manslaughter: On June 14, 2023, a Colorado criminal jury deliberated for five hours before reportedly finding plastic surgeon Dr. Geoffrey Kim guilty of attempted manslaughter of a teenager following a procedure he had performed on her. The jury also found Dr. Kim g[...]

Indiana Appellate Court Rules Claims Against Athletic Trainer Fall Under Indiana Medical Malpractice Act

August 11, 2023

Claims Against Athletic Trainer Fall Under Indiana Medical Malpractice Act: In its Opinion dated June 4, 2023, the Court of Appeals of Indiana held: “the trial court erred by denying Appellants’ motion to dismiss because IncreMedical and AT Gonzalez are qualified health care providers pursua[...]

Connecticut Supreme Court Denies COVID-19 Immunity To Nursing Home Defendants

August 10, 2023

Court Denies COVID-19 Immunity To Nursing Home Defendants: On March 10, 2020, Connecticut Governor Ned Lamont issued a declaration of public health and civil preparedness emergencies, proclaiming a state of emergency throughout the state of Connecticut as a result of COVID-19. Then, on April 5, 2020[...]

West Virginia Supreme Court Holds Mishandling Fetal Remains Claim Is Medical Malpractice Claim

August 9, 2023

Underlying Facts Mishandling Fetal Remains Is Medical Malpractice: On May 17, 2018, Angela and Denny Seth Lester (“the Lesters”) presented to Charleston Area Medical Center, Inc. d/b/a Women and Children’s Hospital (“CAMC”) where Ms. Lester suffered a stillbirth, after the fetus she was ca[...]

Missouri Appellate Court Affirms Dismissal Of Medical Malpractice Case Due To Unsigned Affidavit

August 8, 2023

Missouri Medical Malpractice Law Court Affirms Dismissal Of Case Due To Unsigned Affidavit: Section 538.225, which governs the requirements for filing medical malpractice claims, states: “In any action against a health care provider for damages for personal injury or death on account of the re[...]

Tennessee Supreme Court Rules Medical Malpractice Claim Filed Too Late

August 7, 2023

Medical Malpractice Claim Filed Too Late: The Tennessee Supreme Court ruled in its unanimous opinion filed on May 9, 2023 that a Tennessee medical malpractice claim brought by a Williamson County couple against a county hospital must be dismissed because it was filed too late. Walton and Phyllis Cun[...]

New York Appellate Court Revives Foreign Object Medical Malpractice Case

August 6, 2023

Court Revives Foreign Object Malpractice Case: The Supreme Court of the State of New York Appellate Division Fourth Judicial Department (“New York Appellate Court”) stated in its June 9, 2023 Memorandum and Order: “We agree with plaintiff that the court erred in granting the motion[...]

Georgia Appellate Court Finds Estate Failed To Show EMS Violated Standard Of Care

August 5, 2023

Estate Failed To Show EMS Violated Standard Of Care: The Court of Appeals of Georgia (“Georgia Appellate Court”) stated in its June 7, 2023 Opinion: “the crucial question here is, whether under any duty, National EMS violated the standard of care in not searching for a patient afte[...]

Filshie Clips Recall In 2023? (Part Two)

August 4, 2023

Filshie Clips Recall In 2023? A recently filed federal lawsuit claiming harm caused by the migration of Filshie clips implanted in the Plaintiffs alleges, “Women and their doctors depend on the defendants, the manufacturers, and distributors of products like Filshie Clips, to be forthcoming ab[...]

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