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Texas Physician Sues Plaintiff’s Expert After Medical Malpractice Defense Verdict In Her Favor

December 10, 2021

After a medical malpractice jury returned a verdict in favor of the defendant otolaryngologist in 2019 , the defendant sued the plaintiff’s expert for emotional distress, claiming “negligent testimony.”Aayesha Khan, M.D. filed her pro se complaint on October 29, 2021 in the Madison[...]

Louisiana Appellate Court Affirms Summary Judgment In Failure To Diagnose Hip Fracture Medical Malpractice Case

December 9, 2021

The State of Louisiana Court of Appeal, Third District (“Louisiana Appellate Court”), in its unpublished opinion dated November 3, 2021, stated that the Louisiana medical malpractice plaintiff’s expert’s affidavit submitted in opposition to the defendant hospital’s moti[...]

Plaintiff Failed To Prove Causation In Maryland Legal Malpractice Case Arising From Medical Malpractice Case

December 8, 2021

In Maryland, to prevail on a legal malpractice claim, a former client must prove: (1) the attorney’s employment, (2) the attorney’s neglect of a reasonable duty, and (3) loss to the client proximately caused by that neglect of duty. Trial-Within-A-Trial Doctrine In a lawyer-negligence or fiducia[...]

Arkansas Man Charged In $100 Million COVID-19 Health Care Fraud Scheme

December 7, 2021

The U.S. Department of Justice announced on November 3, 2021 that a federal grand jury in the Western District of Arkansas returned an indictment on November 2, 2021 charging an Arkansas man who owned or managed numerous diagnostic testing laboratories with health care fraud in connection with over [...]

Iowa Appellate Court Agrees Some Claims Against Hospital May Be For Ordinary Negligence

December 6, 2021

The Court of Appeals of Iowa (“Iowa Appellate Court”) stated in ts opinion filed on November 3, 2021 in a lawsuit against a hospital for injuries suffered from a patient’s fall, “Jacqueline Struck appeals the district court’s order granting the defendants’ motions to dism[...]

Texas Medical Malpractice Lawsuit Alleges Physician Ignored Patient’s Sulfa Allergy, Leading To Stevens-Johnson Syndrome

December 5, 2021

On October 26, 2021, a Texas medial malpractice lawsuit was filed in the District Court of Harris County, Texas against the plaintiff’s treating physician, alleging that the defendant “decided to ignore prior notices and warnings pertaining to Plaintiff’s severe allergy to sulfa an[...]

North Carolina Nursing Home Resident Ate A Mouse

December 4, 2021

A U.S. Department of Health and Human Services Centers for Medicare and Medicaid Services Statement of Deficiencies report for Accordius Health at Salisbury (North Caroline) generated as a result of a survey done at the facility on September 3, 2021 stated, in part: “Nurse #1 stated on the eve[...]

Mississippi Podiatrist Charged For Alleged Foot Bath Scheme

December 3, 2021

A federal grand jury in Oxford, Mississippi returned an indictment on October 27, 2021 charging a Mississippi podiatrist with a scheme to defraud health care benefit programs, including Medicare, by prescribing and dispensing medically unnecessary medications and ordering medically unnecessary testi[...]

California Appellate Court Affirms Fall In Hospital Was Claim Alleging Medical Malpractice, Not Premises Liability

December 2, 2021

In its published opinion filed on November 2, 2021, the Court of Appeal of the State of California Second Appellate District Division Six (“California Appellate Court”) held: “Here, the nursing staff’s judgment that appellant could use the restroom without their assistance was a [...]

Illinois Appellate Court Revives Hip Replacement Surgery Res Ipsa Loquitur Medical Malpractice Case

December 1, 2021

In its Opinion filed on October 28, 2021, the Appellate Court of Illinois Fourth District (“Illinois Appellate Court”) stated in a surgical hip replacement medical malpractice case: “a plaintiff need demonstrate only a prima facie case of the elements of res ipsa loquitur to be ent[...]

We Are Investigating Filshie Clip Migration Claims

November 30, 2021

A Filshie clip is a silicone-lined, titanium occlusive device, originally designed for surgical contraception that was approved by the FDA in September 1996 for permanent contraception in women. The Filshie clip is placed with an applicator and designed to permanently occlude the mid-isthmic portion[...]

$2.3M New Mexico Medical Malpractice Verdict Against Troubled Oncologist