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Michigan Supreme Court Applies Discovery Rule To Revive Misread Mammogram Medical Malpractice Case

September 6, 2021

The Michigan Supreme Court, in its decision dated July 30, 2021, held that under Solowy v Oakwood Hosp Corp, 454 Mich 214 (1997), discovering the existence of a medical malpractice claim requires knowing a possible cause of the underlying injury. In the case it was deciding, which was still at the p[...]

Mississippi Pharmacist Pleads Guilty To $180M Health Care Fraud Scheme

September 5, 2021

The U.S. Department of Justice announced on July 20, 2021 that a Mississippi pharmacist pleaded guilty for his role in a multimillion-dollar scheme to defraud TRICARE and private insurance companies by paying kickbacks to distributors for the referral of medically unnecessary compounded prescription[...]

Doctor At Nevada Medical Spa Has License Suspended For Alleged Propofol Misuse

September 4, 2021

The Investigative Committee (IC) of the Nevada State Board of Medical Examiners (Board) has summarily suspended the licenses to practice medicine of Maryanne DeForest Phillips, M.D., and Tammy Lynn Hankins, PA-C, related to numerous alleged violations of Nevada’s Medical Practice Act that have tak[...]

North Carolina Appellate Court Rules Laser Hair Removal Claim Was Medical Malpractice Claim

September 3, 2021

The Court of Appeals of North Carolina (“North Carolina Appellate Court”) ruled in its July 20, 2021 opinion that the plaintiff’s claim regarding negligent laser hair removal was a North Carolina medical malpractice claim and not a claim of ordinary negligence: “We hold that [...]

Arizona Cardiologist Called An Idiot By Colleague Loses His Defamation Appeal

September 2, 2021

An Arizona cardiologist who was called “an idiot” by a colleague because he allegedly administered blood thinner to an obvious case of intracerebral hemorrhage lost his appeal to the Arizona Court of Appeals Division One. The Arizona Appeals Court held in its opinion dated August 10, 202[...]

Federal Appellate Court Rules Veteran’s Medical Malpractice Claims Not Subject To VJRA

September 1, 2021

In 2018, Mr. Smith, a veteran, initiated a lawsuit in federal district court against the United States, proceeding under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. Section 1346(b). Mr. Smith claimed, in part, that various medical professionals working for the Department of Veterans Affairs [...]

Kentucky Supreme Court Rules Proper Informed Consent Provided In Kidney Transplant Case

August 31, 2021

The Supreme Court of Kentucky held in its opinion rendered on August 26, 2021 in a kidney transplant malpractice case involving a clinical trial: “While the Kentucky General Assembly could have deferred to federal authorities such as the FDA in defining the informed consent duty in a clinical [...]

Pennsylvania Appellate Court Vacates Nursing Home Survival Action Arbitration Order

August 30, 2021

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) stated in its non-precedential Memorandum decision filed on August 5, 2021 in a nursing home survival action, “we vacate the order referring the survival action to arbitration and remand the case to the trial court[...]

Three Charged With Healthcare Fraud Scheme To Sell Fraudulent Nursing Degrees

August 29, 2021

The United States Department of Justice U.S. Attorney’s Office District of Maryland announced on July 16, 2021 that a criminal complaint has been filed charging Patrick Nwaokwu, age 50, of Laurel, Maryland; Musa Bangura, age 62, of Manassas, Virginia; and Johanah Napoleon, age 45, of Wellington, F[...]

Federal Appellate Court Rules Prisoner’s Federal Medical Malpractice Lawsuit Not Subject To State Certification Requirement

August 28, 2021

The United States Court of Appeals for the Fourth Circuit (“Federal Appellate Court”), in its opinion dated July 24, 2021, stated: “The district court dismissed the FTCA claim because Pledger did not secure a certification from a medical expert before filing suit, as required by We[...]

New York Appellate Court Reduces $3,825,085.38 Medical Malpractice Wrongful Death Failure To Diagnose Cancer Verdict By $650,000

August 27, 2021

The Supreme Court of the State of New York Appellate Division, Second Judicial Department (“New York Appellate Court”), in its Decision & Order dated July 28, 2021, reduced the jury’s verdict in the amount of $3,825,085.38 by $650,000, stating: “Damages in a wrongful deat[...]

OIG Report: 71% Of Nursing Homes Had Gone At Least 16 Months Without A Standard Survey

August 26, 2021

The United States Department of Health and Human Services Office of Inspector General (“OIG”) on July 27, 2021 issued a report entitled “States’ Backlogs of Standard Surveys of Nursing Homes Grew Substantially During the COVID-19 Pandemic” in which it stated: “Sta[...]

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