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Recoverable Damages In Negligent Reproductive Health Care Cases

Nebraska Supreme Court Applies Res Ipsa Loquitur In Reinstating Medical Malpractice Case Involving Knee Infection After Joint Injection

June 18, 2022

The Nebraska Supreme Court held in its opinion filed on April 8, 2022 in a Nebraska medical malpractice case where the plaintiff alleged that he developed a serious infection in his knee following an injection into the joint, “The evidence presented by Freedom Healthcare was that it is extreme[...]

Texas Appellate Court Revives One Of Plaintiff’s Claims Involving Negligent Sterilization/Wrongful Birth

June 17, 2022

The plaintiff in a Texas medical malpractice case alleged that defendant Dr. Noe failed to perform a bilateral tubal ligation at the time of her third Cesarean delivery on July 16, 2014, which she alleged resulted in the unplanned pregnancy and birth of her healthy fourth child, Andrea. The plaintif[...]

New Jersey Supreme Court Rules No Affidavit Of Merit Needed For Vicarious Liability Claim Against Licensed Entity For Negligence Of Unlicensed Person

June 16, 2022

In its opinion filed on April 12, 2022, the New Jersey Supreme Court stated: “The Affidavit of Merit (AOM) statute, N.J.S.A. 2A:53A-26 to -29, requires a plaintiff bringing a malpractice or a negligence claim against a “licensed person” to submit an AOM by an appropriately licensed person [...]

Health Insurer Denies Prior Authorization That Delays Ordered MRI, Resulting In Loss Of Leg (And Loss Of Life)

June 15, 2022

A 47-year-old woman complained to her physician that she had pain in her leg. She had six weeks of physical therapy, which did not help. A medical specialist then ordered an MRI in light of her continuing leg pain complaints over the period of six months. Her health insurance company denied authoriz[...]

$28.5M South Carolina Medical Malpractice Settlement For Missed Pediatric Brain Tumor

June 14, 2022

A $28.5 million settlement was recently reached in a South Carolina medical malpractice case that alleged that a radiologist failed to identify a malignant tumor on an MRI brain scan of a 14-year-old student-athlete in 2015 after he started having shooting pains in the back of his skull, incidents o[...]

Medical Malpractice Defense Lawyer Tells His Partners How He Fooled Medical Malpractice Jury

June 13, 2022

A medical malpractice defense lawyer was proud to tell his assembled co-workers back at the office about how he fooled a medical malpractice jury during a recent trial, telling the jury to disregard the evidence that showed that his client’s negligence led to the unnecessary death of the docto[...]

Health Care Data Stolen From Shields Health Care Group

June 12, 2022

Shields Health Care Group, Inc. (“Shields”), which provides management and imaging services on behalf of health care facilities, announced in June 2022 that on March 28, 2022, it was alerted to suspicious activity that may have involved data compromise. The investigation determined that an unkno[...]

$5.25M Vermont Medical Malpractice Verdict Against Fertility Doctor Who Used His Own Sperm To Inseminate Patient

June 11, 2022

On March 30, 2022, a federal jury in Vermont awarded $250,000 in compensatory damages and $5 million in punitive damages against a fertility doctor who used his own genetic material to inseminate the plaintiff without her consent. The artificial insemination procedure had taken place in March 1977 a[...]

Florida Appellate Court Overturns Portion Of Medical Malpractice Wrongful Death Verdict For Period After Decedent’s Life Expectancy

June 10, 2022

A Florida medical malpractice wrongful death lawsuit alleged that the defendant physician performed an unnecessary medical procedure that led to the patient’s death. The Florida medical malpractice wrongful death jury awarded $4,086,004.46, which included $1,000,000 in non-economic damages for[...]

$9.9M Maryland Medical Malpractice Verdict For Undiagnosed Colon Cancer Leading To Death

June 9, 2022

A Maryland medical malpractice jury returned its verdict for the plaintiff in a trial that concluded in May 2022 in a case of medical negligence filed against a primary care practice that allegedly failed to diagnose a patient’s colon cancer over a period of five years despite continuing compl[...]

Nebraska Appellate Court Grants Medical Malpractice Plaintiff’s Attempt To Amend Her Complaint

June 8, 2022

The Nebraska Court of Appeals (“Nebraska Appellate Court”) stated in its opinion filed on March 29, 2022 in a Nebraska medical malpractice case where the plaintiff alleged that a certified midwife’s negligence caused the death of her baby in utero, “the question here is wheth[...]

Ohio Appellate Court Applies Peer Review Privilege To Prevent Discovery Of Incident Reports In Nursing Home Assault Lawsuit

June 7, 2022

The plaintiff in a nursing home negligence lawsuit alleged that John Sexton was assaulted by Vanesha Rice at Summit Leasing Co., LLC d/b/a Wood Glen Alzheimer’s Community (“Wood Glen”) in late January 2019 while Rice was an employee at Wood Glen and John Sexton was residing there. John Sexton [...]

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