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Indiana Appellate Court Rules Claim For Sexual Assault By Hospital Nurse Is Not Covered By Indiana’s Medical Malpractice Act

December 11, 2022

Court Rules Claim For Sexual Assault By Hospital Nurse Is Not Covered By Malpractice Act: After a hospital patient who was sexually assaulted by her nurse settled her claims against the hospital, she filed a claim under the Indiana Medical Malpractice Act (“MMA”) to obtain compensation f[...]

Assisted Living Facilities Statistics In The United States

December 10, 2022

Assisted Living Facilities Statistics In The United States: The American Health Care Association and the National Center for Assisted Living (AHCA/NCAL) is the largest association in the United States representing long term and post-acute care providers, with more than 14,000 member facilities. A[...]

Missed Diagnosis Of Cancer In Primary Care

December 9, 2022

Missed Diagnosis Of Cancer In Primary Care: A recent study entitled Missed diagnosis of cancer in primary care: Insights from malpractice claims data examined key features and factors identified in missed cancer diagnosis malpractice claims filed related to primary care and evaluated predictors of c[...]

Michigan Appellate Court Affirms That Cardiologist Contacted About Patient May Have Created Physician-Patient Relationship And Therefore Owed Duty Of Care To Patient

December 8, 2022

Cardiologist Contacted About Patient May Have Created Physician-Patient Relationship: Statistically, most heart attacks result from a reduction of blood flow in a coronary artery supplying oxygen to the anterior portion of the heart. But some myocardial infarctions—15 to 20%—involve the heart’[...]

Widower Intends To Sue Phoenix Fire Department For Failure To Transport Wife By Ambulance To Hospital

December 7, 2022

Widower Sues Fire Department For Failure To Transport Wife: The surviving husband of a 53-year-old woman who had been suffering from COVID-19 for weeks when she suddenly took a turn for the worse and was experiencing shortness of breath and a pounding heart, called 911 and asked the operator to send[...]

Florida Lab Owner Charged In $53 Million Health Care Fraud And Kickback Scheme Related To Genetic Cancer Screening Tests

December 6, 2022

Lab Owner Charged In $53 Million Health Care Fraud: A Florida lab owner, Daniel Hurt, 48, of Fort Lauderdale, Florida, has been charged with over $50 million in health care fraud related to fraudulent genetic cancer screening tests. Hurt is charged by information with one count of conspiracy to comm[...]

One Dead, Two Others Injured When Nursing Home Gave Residents Dishwashing Liquid Instead Of Juice

December 5, 2022

Nursing Home Gave Residents Dishwashing Liquid Instead Of Juice: The San Mateo Police Department Criminal Investigations Bureau initiated a death investigation into the circumstances involving the death of one and hospitalization of two care home facility residents. On August 28, 2022 at approximate[...]

Trends In Breast Cancer Medical Malpractice Claims

December 4, 2022

Trends In Breast Cancer Medical Malpractice Claims: A recent study of factors contributing to medical malpractice claims related to breast cancer and the field of breast imaging involved a retrospective analysis of jury verdict and settlement reports in state and federal courts in the United State[...]

Georgia Anesthesia Group And Its Owners Pay $7.2 million To Resolve Kickback And False Claims Act Allegations

December 3, 2022

$7.2 million paid To Resolve Kickback And False Claims Allegations: The U.S. Department of Justice U.S. Attorney’s Office for the Northern District of Georgia announced on April 13, 2022 that Care Plus Management, LLC (“Care Plus”), which was created by Paul D. Weir (“Weir”) and Jo[...]

New York Appellate Court Reverses Summary Judgment For OB In Failure To Diagnose Cervical Cancer Case

December 2, 2022

The plaintiff’s decedent gave birth at defendant Richmond University Medical Center (“RUMC”) on January 10, 2015. The decedent’s private attending physician, defendant Michael A. Grecco (“Grecco”), treated the decedent. During a prenatal visit on January 6, 2015, [...]

New Jersey Supreme Court Rules Summary Judgment Should Have Been Granted To Defendants For Punitive Damages Claim Regarding Use Of Power Morcellator

December 1, 2022

Summary Judgment Should Have Been Granted To For Damages Regarding Use Of Power Morcellator: Plaintiffs, the heirs and executor of the estate of Viviana Ruscitto, filed complaints seeking compensatory and punitive damages on numerous counts after Ruscitto’s death from leiomyosarcoma, a rare cancer[...]

Georgia Appellate Court Affirms Summary Judgment For Tele-Medicine Company

November 30, 2022

Court Affirms Summary Judgment For Tele-Medicine Company: After Donna Harvard suffered a stroke at home, she was treated in the emergency room of John D. Archbold Memorial Hospital (“Hospital”), where the attending physician sought a consult with a neurologist from a tele-medicine compan[...]

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