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Florida Appellate Court Refuses To Apply Prohibitive Cost Defense In Ordering Nursing Home Arbitration

October 12, 2021

In its opinion filed on August 23, 2021, the First District Court of Appeal State of Florida (“Florida Appellate Court”) stated, “we affirm the trial court’s order compelling the parties to proceed with arbitration. Further, as to whether prohibitive cost can be a stand-alone def[...]

Indiana Appellate Court Affirms Hospital Not Entitled To Summary Judgment For Surgeon’s Botched Gallbladder Surgery

October 11, 2021

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its Memorandum Decision dated September 15, 2021: “The record in this case, unlike that in Hiland, contains evidence that the patient believed the surgeon was an employee of Hospital. Newlin visited the surgeon in [...]

Federal Appellate Court Rules District Court Erred In Setting Aside Jury’s Future Care Costs Award In Birth Injury Case

October 10, 2021

The United States Court of Appeals for the First Circuit (“Federal Appellate Court”) held in its September 15, 2021 opinion: “we conclude that the district court erred when it jumped to an issue, which the Hospital sensibly pressed only as a ground for a new trial, to short-circuit[...]

Florida Cardiologist Paid $6.75 Million To Resolve Allegations Of Performing Unnecessary Medical Procedures

October 9, 2021

The U.S. Department of Justice announced on September 15, 2021 that Dr. Ashish Pal, a cardiologist based in Orlando, Florida, paid $6.75 million to resolve allegations that he violated the False Claims Act by performing medically unnecessary ablations and vein stent procedures. The payment resolves [...]

Federal Appellate Court Upholds CMS’ Revised Rule Regarding LTC (Nursing Home) Arbitration Agreements

October 8, 2021

The United States Court of Appeals for the Eighth Circuit (“Federal Appellate Court”), in its opinion dated October 1, 2021, affirmed the decision of the district court granting summary judgment in favor of the U.S. Department of Health and Human Services (HHS) and the Centers for Medica[...]

Illinois Appellate Court Requires Arbitration Of Nursing Home Resident’s Death Claim

October 7, 2021

In its Order filed on September 14, 2021, the Appellate Court of Illinois Fourth District (“Illinois Appellate Court”) held in a nursing home negligence case involving the death of a resident in which the nursing home was seeking an order that the claim be arbitrated: “the circumst[...]

Texas Woman Sentenced For Possession And Use of Protected Health Information

October 6, 2021

The U.S. Department of Justice U.S. Attorney’s Office Eastern District of Texas announced that Lydia Henslee, 29, who had pleaded guilty on March 25, 2021 to conspiring to possess and use means of identification in connection with various offenses, was sentenced on September 25, 2021 to 24 month[...]

New York Lawsuit Alleges Fertility Doctor Used His Own Sperm

October 5, 2021

A recently filed New York medical malpractice case alleges that a New York fertility doctor used his own sperm to impregnate many patients. The plaintiff alleges that she learned through genetic testing that she has at least nine half-siblings. The Seattle Times reports that the lawsuit was filed on[...]

Lawsuit Alleges Ransomware Attack On Alabama Hospital Led To Baby’s Death

October 4, 2021

An Alabama medical malpractice lawsuit alleges that a ransomware attack on a local hospital led to the death of a baby. The lawsuit alleges: “On July 9, 2019, Springhil Memorial Hospital suffered a serious ransomware attack that blocked and encrypted the hospital’s computer systems, netw[...]

Neurosurgeon Malpractice Claims Statistics

October 3, 2021

The Doctors Company, which is the largest physician-owed medical malpractice insurer in the United States, conducted an analysis in February 2021 of medical malpractice claims against neurosurgeons that closed between 2014 and 2019, which included 302 claims and lawsuits. The purpose of its analysis[...]

U.S. Sues UMPC And Its Surgeon For Overlapping Surgeries

October 2, 2021

The U.S. Attorney’s Office Western District of Pennsylvania announced on September 2, 2021 that the United States has filed a complaint under the False Claims Act against the University of Pittsburgh Medical Center (UPMC), University of Pittsburgh Physicians, and James Luketich, M.D. based on a t[...]

Plastic Surgeon In Brazil Faces 48th Medical Malpractice Claim From Patient Who Suffered Blindness

October 1, 2021

A plastic surgeon in Brazil is facing his 48th medical malpractice claim from a patient who suffered blindness following an abdominoplasty and liposculpture procedure. Following her surgery, the patient began losing her vision and attempted to contact the surgeon but he allegdly was slow to respond [...]

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