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Florida Appellate Court Reinstates Medical Malpractice Case Involving Dispute Over Expert Qualifications

January 3, 2023

The District Court of Appeal of Florida Second District (“Florida Appellate Court”) stated in its September 23, 2022 opinion: “Because Ms. Martinez’s expert affidavit satisfies the “same specialty” requirement and because she provided the expert affidavit prior to[...]

Recoverable Damages In Negligent Reproductive Health Care Cases

Florida Board Of Medicine Requires Cardiac Surgeon To Complete Three Hours Of Continuing Education After Patient Dies Shortly After Procedure

January 2, 2023

Surgeon Required To Complete 3 Hours Of Cont. Ed. After Patient Dies: In its Final Order filed on April 27, 2022, the State of Florida Board of Medicine (“Board”) disciplined a cardiac surgeon whom the Board found partially at fault for a patient’s unnecessary death by requiring th[...]

California Appellate Court Reinstates Stillborn Medical Malpractice Case

January 1, 2023

Court Reinstates Stillborn Malpractice Case: On November 4, 2016, Plaintiff Charlotte Kernan was 39 weeks pregnant when she went to the hospital for an External Cephalic Version (ECV), a procedure to rotate her healthy fetus from a breech position to a head-first position. Doctors recorded the ECV a[...]

Maryland Appellate Court Reinstates Dismissed Medical Malpractice Case Based On Sufficient Certificate Of Qualified Expert

December 31, 2022

Court Reinstates Dismissed Medical Malpractice Case: In its published opinion dated December 29, 2022, the Appellate Court of Maryland (“Maryland Appellate Court,” which was known as the Court of Special Appeals of Maryland until its name was officially changed on December 14, 2022) held[...]

Can You Record An Independent Medical Examination In A Medical Malpractice Case?

December 30, 2022

Can You Record An Independent Medical Examination In A Medical Malpractice Case? Often times in medical malpractice and other personal injury cases that are in litigation, the defense requests that the plaintiff submit to an “independent” medical examination (“IME”) by a heal[...]

Study Found New Lighting System Cut Nursing Home Resident Fall Risk By 43%

December 29, 2022

New Lighting System Cut Nursing Home Resident Fall Risk By 43%: A study entitled Impact of Upgraded Lighting on Falls in Care Home Residents published on July 15, 2022 in The Journal of Post Acute and Long Term Care Medicine reported: “Before the lighting upgrade, the rate of falls was similar[...]

Hospital Resolves Claims That A Former Physician Performed Unnecessary Replacements Of Batteries In Implanted Heart Rhythm Devices

December 28, 2022

Unnecessary Replacements Of Batteries In Implanted Heart Rhythm Devices: On September 14, 2022, the United States Attorney for the Eastern District of New York announced that a settlement was reached to resolve allegations that a former physician at New York-Presbyterian/Queens performed services th[...]

New York Appellate Court Reverses Summary Judgment In Favor Of Nursing Home

December 27, 2022

The Supreme Court of the State of New York Appellate Division, Fourth Judicial Department (“New York Appellate Court”) held in its Memorandum and Order entered on January 28, 2022: “Here, defendant’s experts proffered opinions about decedent’s care at the nursing home facility [...]

Florida Physical Therapy Clinic Owners, Employees Sentenced For Multiple Fraud Schemes

December 26, 2022

Florida Physical Therapy Clinic Owners, Employees Sentenced For Multiple Fraud Schemes: The U.S. Attorney’s Office Southern District of Florida announced that a federal district judge in Miami sentenced the last of five defendants for his role in a health care fraud scheme operated out of a physic[...]

New Hampshire Hospital Allegedly Shielded Money-Making Heart Surgeon Despite Horrible Medical Malpractice Record, Including Many Deaths

December 25, 2022

Hospital Allegedly Shielded Money-Making Heart Surgeon Despite Horrible Medical Malpractice Record: The Boston Globe reported in a two-part investigative series about a New Hampshire hospital that allegedly shielded a cardiac surgeon despite the surgeon having one of the worst, if not the worst, med[...]

Maryland Appellate Court Holds Claim For Fraud Involving IVF Was Claim For Medical Malpractice

December 24, 2022

Claim For Fraud Involving IVF Was Claim For Medical Malpractice: In its unreported opinion filed on December 7, 2022, the Court of Special Appeals of Maryland ((“Maryland Appellate Court”) stated: “We start with the fact that the medical community now recognizes infertility as a di[...]

$902,000 Florida Medical Malpractice Verdict For Screw Left In Spine Following Surgery

December 23, 2022

$902,000 For Screw Left In Spine: In August 2022, a Miami medical malpractice jury awarded a woman and her husband a combined $902,000 for a screw left in the woman’s spine following two spinal surgeries performed in Fort Lauderdale in 2015. The Florida medical malpractice jury awarded plainti[...]

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