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Ohio Supreme Court Discusses Negligent-Credentialing Claims In Medical Malpractice Cases

February 7, 2023

Negligent-Credentialing Claims In Malpractice Cases: The Supreme Court of Ohio stated in its opinion filed on November 30, 2022: “The issue in this case is whether a hospital’s granting staff privileges to a physician (i.e., credentialing a physician) confers a duty upon the hospital that is[...]

Federal Court Rejects Medical Malpractice Claim Against The United States

February 6, 2023

Woman fails to establish her claims against the United States: A federal judge held, following a recent bench trial, that a San Diego woman failed to establish her claims of medical malpractice and medical battery against the United States. Instead, the court found that the evidence at trial “over[...]

Fourth Circuit Revives Claims Against Medical Software Developer

February 5, 2023

Claim Revived Against Medical Software Developer: In its unpublished opinion dated November 29, 2022, the United States Court of Appeals for the Fourth Circuit (“Federal Appellate Court”) stated: In this product liability negligence action, Ruby L. Lowe, on behalf of her injured grandson[...]

$758,000 New Mexico Nursing Home Verdict For Choking Death

February 4, 2023

$758000 Verdict For Choking Death: A New Mexico nursing home negligence jury returned its verdict in the amount of $758,000 on October 19, 2022 against the Uptown Rehabilitation Center located in Albuquerque, New Mexico, for the death of resident Peter Robinson who choked on a hot dog in 2019 after [...]

Ohio Supreme Court Rules Medical Provider’s Employer Cannot Be Held Vicariously Liable For Employee’s Negligence Where Statute Of Limitations Expired For Claim Against Employee

February 3, 2023

Medical Provider’s Employer Cannot Be Held Vicariously Liable For Employee’s Negligence: In its opinion dated November 23, 2022, the Supreme Court of Ohio stated, “In this appeal, we consider whether a plaintiff may prevail on a claim of chiropractic malpractice against a chiroprac[...]

New York Governor Wants To Exclude Medical Malpractice Claims From Proposed Law Expanding Wrongful Death Claims

February 2, 2023

Governor Wants To Exclude Malpractice Claims From Law Expanding Wrongful Death Claims: New York Governor Kathy Hochul authored the following editorial in the January 30, 2023 edition of the New York Daily News: “There has been much discussion about the merits of changing New York’s wrongful [...]

$792,000 Baltimore Medical Malpractice Verdict For Failure To Timely Diagnose Lyme Disease

February 1, 2023

$792000 Baltimore Medical Malpractice Verdict: Following a two-week trial before a Baltimore medical malpractice jury, and after two hours of deliberations, the jury returned its verdict in the amount of $792,000 in favor of a 32-year-old African American man who suffered serious complications from [...]

How Pharmaceutical Companies Game The Patent System And Earn Billions At Patients’ Safety And Expense

January 31, 2023

How Pharmaceutical Companies Game The Patent System: The New York Times reported on how pharmaceutical companies legally abuse the patent system and hospital management software to earn billions from their patents that are expiring on their cash-cow drugs. By using lawsuits and settlement practices [...]

Florida Appellate Court Holds Hospital’s Incident Report Regarding Birth Injury Was Privileged

January 30, 2023

Hospital’s Incident Report Regarding Birth Injury Was Privileged: Thirty-nine weeks pregnant with her unborn son, Jade Wiles noticed decreased fetal movement and went to Tallahassee Memorial Healthcare. She was monitored for several hours, after which the baby was delivered via caesarean secti[...]

New Jersey Appellate Court Affirms LPN Not Subject To Affidavit Of Merit Statute

January 29, 2023

LPN Not Subject To Affidavit Of Merit Statute: The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in its published opinion dated November 9, 2022 that a licensed practical nurse (“LPN”) is not a “licensed person” as defined in [...]

Study Suggests Emergency Department Physicians Fear Harming Patients More Than Being Sued For Malpractice

January 28, 2023

ER Physicians Fear Harming Patients: A common refrain from medical malpractice “reform” advocates who want to place barriers to medical malpractice victims being compensated for the harms they suffered is that emergency department medical staff order unnecessary medical tests, often refe[...]

82-Year-Old Found Dead Two Days After Walking Out Of Assisted Living Facility

January 27, 2023

82-Year-Old Found Dead Two Days After Walking Out Of Assisted Living Facility: Joan L. Meredith, 82, was a resident at The Merriman, an assisted living and skilled nursing care facility at 209 Merriman Road in Akron, Ohio. She was found dead behind the facility two days after walking away from the a[...]

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