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New Jersey Appellate Court Affirms Summary Judgment For Hospital In Patient’s Fall From Operating Room Table

January 3, 2022

In its unpublished opinion dated November 17, 2021, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) stated: “As noted above, we assume, as plaintiff argues, that Marilyn fell from the operating table. That at best means she was entitled to the ben[...]

Illinois Supreme Court Reinstates Medical Malpractice Defense Verdict

January 2, 2022

The Supreme Court of the State of Illinois (“Illinois Supreme Court”) held in its November 18, 2021 opinion in an Illinois medical malpractice wrongful death action arising out of the treatment a decedent received in the defendant hospital: “we conclude that the circuit court did n[...]

Texas Pain Management Physicians Pay $3.9 Million For Alleged Unnecessary Urine Drug Testing

January 1, 2022

The U.S. Department of Justice announced on October 22, 2021 that two Texas physicians, Robert Wills and Brannon Frank, have agreed to pay $3.9 million to resolve allegations that they violated the False Claims Act by knowingly billing Medicare, Medicaid, and TRICARE for medically unnecessary urine [...]

Illinois Appellate Court Discusses Law-Of-The-Case Doctrine In Reviving Medical Malpractice Case

December 31, 2021

In its opinion filed on November 15, 2021 in an Illinois medical malpractice case on appeal for the second time, the Appellate Court of Illinois Second District (“Illinois Appellate Court”) held: “On remand, defendants successfully moved for reconsideration of the trial court’s g[...]

Doctor’s Lawsuit Alleges California’s Physician Disciplinary System Violates Due Process

December 30, 2021

A federal lawsuit filed on November 12, 2021 in the United States District Court for the Eastern District of California Sacramento Division alleges: “Plaintiff Dr. Natarajan is a highly qualified and competent physician who made complaints to hospital administrators to protect the safety of pa[...]

New Jersey Appellate Court Remands Medical Malpractice Case To Determine Accrual Date And If Extraordinary Circumstances Exist

December 29, 2021

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in its November 12, 2021 unpublished decision “because the court did not determine the accrual date and therefore could not properly assess whether there were exceptional circumstances during th[...]

Indiana Appellate Court Rules Mental Health Providers May Be Liable For Patient Killing His Grandfather

December 28, 2021

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its November 12, 2021 opinion in a mental health malpractice case where a patient killed his grandfather: “the imminent danger prong allows consideration of all Zachary’s conduct and statements during the month l[...]

Federal Appellate Court Vacates $8M Deliberate Indifference Medical Malpractice Award To Inmate

December 27, 2021

The U.S. Court of Appeals for the Seventh Circuit (“Federal Appellate Court”) vacated a jury award to a federal inmate in his deliberate indifference medical malpractice case in the amount of $1 million in compensatory damages and $7 million in punitive damages (the jury had awarded $10 [...]

Illinois Birth Injury Medical Malpractice Jury Awards Nearly $15M For Mother’s Catastrophic Injuries Shortly After Giving Birth

December 26, 2021

On April 22, 2014, “L.B.” gave birth to twins at Presence United Samaritans Medical Center by Cesarean section delivery. After performing the deliveries, the on-call obstetrician (“OB”) attempted to remove the placenta. However, the OB reportedly failed to diagnose placenta a[...]

Texas Lawsuit Alleges Nursing Home Staff’s Aggressive Suctioning Led To Resident’s Death

December 25, 2021

A lawsuit filed on November 3, 2021 in the District Court of Harris County, Texas against ARC Post Oak, LP d/b/a Brookdale Galleria alleges that an employee of the defendant nursing home was too aggressive in attempting to suction the mouth of a resident, thereby causing heavy bleeding and leading t[...]

Florida Appellate Court Finds Assisted Living Facility’s Arbitration Agreement Not Unconscionable

December 24, 2021

The District Court of Appeal of Florida Second District (“Florida Appellate Court”) held in its Octiber 13, 2021 opinion that “the trial court erroneously concluded that the [defendant assisted living facility’s] arbitration agreement is unconscionable.” Underlying Fact[...]

New York Appellate Court States Nursing Home Failed To Establish Entitlement To Summary Judgment In Bedsore Case

December 23, 2021

The New York Supreme Court Appellate Division, First Department (“New York Appellate Court”) held in its decision dated November 9, 2021 in a nursing home bedsore case: “Since defendant did not meet its initial burden on its summary judgment motion, there is no need to consider the[...]

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