Blog - Page 164 of 491 - Medical Malpractice Lawyers

Illinois Appellate Court Affirms $1.25M Medical Malpractice Verdict Against Spine Surgeon

November 17, 2021

In July 2014, Chaya R. Brunk and Raymond Brunk filed an Illinois medical malpractice action against defendants Stephen J. Pineda, M.D., an orthopedic surgeon, and Springfield Clinic, LLP. In June 2015, the plaintiffs filed a second amended complaint against the defendants, alleging Dr. Pineda deviat[...]

New York Appellate Court Affirms Triable Issue In Medical Malpractice Claim Against Podiatrist

November 16, 2021

The New York Supreme Court Appellate Division, Third Department (“New York Appellate Court”) held in its October 21, 2021 opinion: “Viewing the evidence in a light most favorable to plaintiffs, as the nonmoving parties, their expert affirmation is sufficient to raise a triable issu[...]

Colorado Supreme Court Allows Direct Negligence Claim Against Employer In Medical Malpractice Case

November 15, 2021

In its opinion dated September 27, 2021, the Colorado Supreme Court held: “We now hold that a plaintiff’s direct negligence claims against an employer are not barred where the plaintiff does not assert vicarious liability for an employee’s negligence … the trial court specifically fo[...]

AARP Report: 30 Percent Of Nursing Homes Face Staffing Shortages

November 14, 2021

AARP reports: “Nearly a third of the nation’s 15,000 nursing homes recently reported a shortage of nurses or aides, according to a new AARP analysis of government data, raising concerns about resident care at a time when many facilities are still battling COVID-19. The numbers represent t[...]

Louisiana Appellate Court Holds Fall From Stepstool In Doctor’s Office Not Medical Malpractice Claim

November 13, 2021

In its opinion filed on October 13, 2021, the Court of Appeal Fourth Circuit State of Louisiana (“Louisiana Appellate Court”) held: “Respondent’s fall and subsequent injury were neither treatment-related nor caused by dereliction of professional skill. Expert medical evidence is [...]

Florida Appellate Court Remands Case To Determine If Medical Malpractice Or Ordinary Negligence Is Alleged

November 12, 2021

The Third District Court of Appeal State of Florida (“Florida Appellate Court”) held in its opinion dated October 13, 2021: “Because Mr. Torres alleged sufficient facts to plead his action as one sounding in ordinary negligence, a dismissal with prejudice was not warranted at this [...]

Florida Appellate Court Remands Medical Malpractice Case For Consideration Of Remittitur

November 11, 2021

The Third District Court of Appeal State of Florida (“Florida Appellate Court”) in its opinion dated October 13, 2021 affirmed the Florida medical malpractice jury’s determination of liability in favor of the plaintiff but remanded the case to the trial court for proper considerati[...]

Oklahoma Supreme Court Overturns $465 Million Opioid Verdict Against Johnson & Johnson

November 10, 2021

In its opinion issued on November 9, 2021, the the Supreme Court of the State of Oklahoma (“Oklahoma Supreme Court”) stated: “An opioid manufacturer appealed a $465 million verdict following a bench trial in a public nuisance lawsuit. The district court held the opioid manufacturer[...]

$6.2M Settlement For 13 Families Harmed By Pediatric Nursing Home’s Inadequate Virus Response (Pre-COVID)

November 9, 2021

Thirteen families obtained a $6.2 million settlement from the former operators of the Wanaque Center for Nursing and Rehabilitation, a pediatric nursing facility in Passaic County, New Jersey, who had alleged that the facility experienced a viral outbreak among its young patients in 2018 but failed [...]

Michigan Pain Doctor Convicted In $100 Million Health Care Fraud Scheme

November 8, 2021

A federal jury in the Eastern District of Michigan convicted a Michigan doctor on September 22, 2021 for his role in masterminding and executing a complex scheme to defraud Medicare and other health insurance programs by administering medically unnecessary spinal injections in exchange for prescript[...]

Wisconsin Appellate Court Revives Inmate’s Medical Malpractice Case

November 7, 2021

The Wisconsin Court of Appeals held in its opinion dated September 29, 2021: “Brandon Winzer appeals from a circuit court order dismissing his medical malpractice claim against Dr. Hartmann and Mercy Medical Center (Mercy) as time-barred under the applicable statute of limitations, WIS. STAT. [...]

California Appellate Court Affirms Medical Malpractice Defense Verdict Where Patient Died Of Pulmonary Embolism Shortly After Surgery

November 6, 2021

The Court of Appeal of the State of California Fifth Appellate District (“California Appellate Court”) held in its unpublished opinion filed on September 21, 2021: “The alleged professional negligence in this case was that of Dr. Barnes, not that of a nurse or other non-physician s[...]

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