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Texas Appellate Court Rules Medical Malpractice Expert Was Qualified To Render Opinions

April 19, 2022

The plaintiff in a Texas medical malpractice case filed against a hospital alleged that had Methodist Hospitals of Dallas d/b/a Methodist Mansfield Medical Center (MMMC) had proper policies, procedures, and training in place, those policies would have dictated proper diagnostic testing that would ha[...]

North Carolina Nursing Home Had Three Staff For 98 Residents When Two Discovered Dead

April 18, 2022

Pine Ridge Health and Rehabilitation Center in Thomasville, North Carolina was visited by police officers on January 16, 2022 during a snowstorm after receiving calls that staff could not be contacted by telephone and had not been seen by some residents of the facility. When Thomasville police offic[...]

New Jersey Appellate Court Remands Dental Malpractice Lawsuit For Jurisdictional Discovery

April 17, 2022

In its per curium opinion filed on January 24, 2022, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) stated in a dental malpractice case where the trial court had dismissed the complaint on jurisdictional grounds, “the relevant time period to dete[...]

Arizona Appellate Court Affirms Dismissal Of Dental Malpractice Case Because Plaintiff’s Expert Not Board-Certified In Same Specialty As Defendant

April 16, 2022

In Arizona medical malpractice cases, A.R.S. § 12-2604(A)(1) requires: “In an action alleging medical malpractice, a person shall not give expert testimony on the appropriate standard of practice or care unless the person is licensed as a health professional in this state or another state and[...]

Florida Nurse Sentenced To Six Months For Tampering With ICU Patient’s Fentanyl

April 15, 2022

On January 28, 2022, former Jacksonville, Florida ICU nurse Jerome Clampitt II was sentenced to six months in federal prison, followed by six months of home detention, for tampering with a consumer product, specifically, injectable fentanyl. Clampitt had pleaded guilty on October 27, 2021. According[...]

California Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement

April 14, 2022

In its unpublished opinion dated February 16, 2022, the Court of Appeal of the State of California First Appellate District Division Five (“California Appellate Court”) held: “We agree with the trial court that the plaintiffs are not bound by an arbitration agreement signed by Debb[...]

Florida Appellate Court Vacates Directed Verdict For Hospital In Contaminated Heparin Medical Malpractice Case

April 13, 2022

The District Court of Appeal of the State of Florida (“Florida Appellate Court”) held in its opinion dated January 21, 2022 “we reverse the trial court’s grant of a directed verdict in favor of Holmes Regional and remand for a new trial” in a Florida medical malpractice cas[...]

Ohio Appellate Court Affirms Peer Review Privilege Did Not Preclude Discovery Of Resident’s File In Medical Malpractice Case

April 12, 2022

The Ohio Court of Appeals Ninth Judicial Circuit (“Ohio Appellate Court”) held in its decision dated February 16, 2022 in a medical malpractice case where the plaintiff sought the residency file of the doctor who allegedly failed to provide proper medical care to him in the hospital foll[...]

One In Fourteen New Jersey Nursing Homes Have The Lowest Rating

April 11, 2022

The New Jersey Office of the State Comptroller issued its Medicaid Fraud Report entitled “An Examination of the Lowest-Rated Long Term Care Facilities Participating in New Jersey’s Medicaid Program” on February 2, 2022 in which it reported that “New Jersey’s 15 lowest-rated LTC[...]

$17.5 Million Oklahoma Medical Malpractice Verdict

April 10, 2022

After a 4-day medical malpractice jury trial, an Oklahoma medical malpractice jury returned its verdict for the plaintiffs after about an hour of deliberations in the total amount of $17.5 million ($14 million for the 32-year-old plaintiff who lost the use of his right leg after hernia mesh removal [...]

Indiana Appellate Court Discusses Medical Privacy Issues

April 9, 2022

The Court of Appeals of Indiana (“Indiana Appellate Court”) discussed medical privacy issues and possible causes of action for violating a patient’s medical privacy in its opinion dated February 15, 2022 in a case where plaintiff Amanda Henry (“Henry”) filed claims agai[...]

South Florida Medical Clinic Owner Sentenced To 10 Years In $42M Health Care Fraud Conspiracy

April 8, 2022

On February 11, 2022, a federal district judge in Miami sentenced Bradley Jason Kantor (“Kantor”), 49, of Key Largo, Florida, to 10 years in federal prison for submitting approximately $42 million in fraudulent health care claims to United Healthcare. From April 2013 to March 2017, Kanto[...]

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