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OIG Report: 44% Of Nursing Homes Cited For Infection Prevention And Control Deficiencies

November 6, 2022

44% Of Nursing Homes Cited For Infection Prevention Deficiencies: The Department of Health and Human Services Office of Inspector General (“OIG”) issued a report in July 2022 entitled “Certain Nursing Homes May Not Have Complied With Federal Requirements for Infection Prevention an[...]

Statute Of Limitations For Medicare Part C Claim For Reimbursement In Medical Malpractice And Other Personal Injury Cases

November 5, 2022

Medicare Reimbursement In Malpractice And Personal Injury Cases: Congress created Medicare to provide insurance to those over the age of 65. Oftentimes, though, it turns out that more than one insurer may be liable for a Medicare beneficiary’s medical expenses. For example, a car-accident victim m[...]

Lawsuit Alleges Physician Responsible For Husband's Death

West Virginia Widow’s Medical Malpractice Lawsuit Alleges Primary Care Physician Responsible For Husband’s Fatal Heart Attack

November 4, 2022

Lawsuit Alleges Physician Responsible For Husband’s Death: The widow of a 51-year-old attorney who died ten days after suffering a heart attack in front of his wife at home in March 2022 has filed a West Virginia medical malpractice wrongful death lawsuit against her husband’s primary ca[...]

Florida Appellate Court Holds Hospital May Be Held Liable For Alleged Negligence Of Independent Emergency Room Physicians

November 3, 2022

Hospital Liable For Negligence Of Independent Physicians: After Latisha Gradia went into cardiac arrest at her home in 2021, she was transported by ambulance and arrived comatose to Santa Rosa Medical Center (SRMC). After several hours in the emergency department at SRMC, Gradia’s treating physici[...]

100 Million Americans Have Health Care Debt

Only 2% of Medical Malpractice Claims Filed By Service Members Have Been Approved By The U.S. Military

November 2, 2022

Only 2% of Malpractice Claims Filed by Service Members Have Been Approved By The U.S. Military: U. S. military service members are barred from suing the federal government for injuries considered to be incidental to service, including medical malpractice, under the Feres doctrine set forth in a U.S.[...]

Doctors Partially Sterilized Patient Without Her Consent Before They Realized Their Mistake

November 2, 2022

Patient Partially Sterilized Without Consent: A woman who gave birth by emergency Cesarean section delivery in May 2021 at Mount Sinai Hospital in North Lawndale, Illinois had one of her fallopian tubes tied immediately after the C-section before the doctor realized that the woman had not consented [...]

Tennessee Appellate Court Holds Medical Malpractice Plaintiff Should Have Been Allowed To Substitute New Expert After Named Expert Refused To Testify

November 1, 2022

Plaintiff Allowed To Substitute Expert After Named Expert Refused To Testify: The Court of Appeals of Tennessee at Nashville (“Tennessee Appellate Court”) stated in its opinion filed on August 10, 2022, “the trial court abused its discretion in refusing to allow the plaintiff to se[...]

Texas Appellate Court Holds Discovery Rule Did Not Apply To Health Care Liability Lawsuit

October 31, 2022

Court Holds Discovery Rule Did Not Apply: The Court of Appeals Fifth District of Texas at Dallas (“Texas Appellate Court”) held in its Memorandum Opinion filed on August 9, 2022, “Because it is undisputed that Villegas’s claims are health care liability claims, the statute of lim[...]

Serial FCA Whistleblower Scores $183M Jury Win Against Ely Lilly

October 30, 2022

According to a press release issued by the lawyers for whistleblower Ronald J. Streck (“Streck”), a former executive of a network of regional drug wholesalers, a jury ordered Eli Lilly and Company (“Eli Lilly”) to pay in excess of $61 million in damages, which will be tripled[...]

California Nursing Home Told Resident’s Family That She Had Died (It Was Her Roommate Who Had Died)

October 29, 2022

Two women at a Santa Monica, California nursing home shared a room. When one of them died, the nursing home wrongly told the other resident’s family that their loved one had died. When the resident’s son-in-law came to his mother-in-law’s nursing home room and was shown the dead bo[...]

Florida Doctor Summarily Suspended For Failing To Pay Medical Malpractice Settlement

October 28, 2022

Doctor Suspended For Failing To Pay Malpractice Settlement: A Florida internal medicine doctor who specialized in pulmonary disease and critical care medicine had his Florida medical license suspended for failing to pay a $70,000 medical malpractice wrongful death settlement. The Underlying Medical [...]

993 Nursing Home Resident Elopements Reported In Florida From 2017 To 2021

October 27, 2022

993 Nursing Home Resident Elopements Reported In Florida From 2017 To 2021: A recent investigative report found that “Between 2017 and 2021, there were 993 instances of residents of Florida nursing homes exiting their facility without proper authorization or supervision, according to Florida A[...]

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