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Maryland Appellate Court Addresses Forum Non Conveniens In Medical Malpractice Case

August 2, 2021

In its unreported opinion dated July 7, 2021, the Court of Special Appeals of Maryland (Maryland’s intermediate appellate court) held in a Maryland medical malpractice case where the trial court granted the defendants’ motion to transfer the case from the Circuit Court for Baltimore City[...]

Arizona Supreme Court Holds Jury Cannot Infer Causation In Medical Malpractice Case

August 1, 2021

The Supreme Court of the State of Arizona (“Arizona Supreme Court”) held in its opinion dated July 30, 2021: “a jury in a medical malpractice case may not be left to “infer” causation without the guidance of expert testimony where the cause of death is disputed and not obvious [...]

Manhattan Pain Management Doctor Sentenced To 210 Months In Prison For Oxycodone And Fentanyl Prescriptions

July 31, 2021

On July 8, 2021, Gordon Freedman, a doctor who practiced in New York, New York, was sentenced in Manhattan federal court to 121 months in prison for participating in a scheme to receive bribes and kickbacks in the form of fees for sham educational programs (“Speaker Programs”) from pharmaceutica[...]

Former Maryland Pediatrician Found Incompetent To Face 98 Criminal Charges Of Sexual Offenses Involving Juveniles

July 30, 2021

In a written opinion released on July 7, 2021, Frederick Circuit Court Judge Julie Stevenson Solt ruled that Ernesto Cesar Torres, age 70, of Frederick, Maryland is incompetent to stand trial. In December 2019, Dr. Ernesto Torres was charged with ninety-eight counts of sexual offenses against ninete[...]

Federal Appellate Court Affirms Dismissal Of Birth Injury Medical Malpractice Lawsuit Because FTCA Applied

July 29, 2021

The United States Court of Appeals for the Sixth Circuit (“Federal Appellate Court”) stated in its opinion filed on July 2, 2021: “In August 2017, Antoinette Lundy filed a lawsuit on behalf of her infant child, D.B., asserting medical tort claims against several defendants. Unfortu[...]

Pennsylvania Medical Malpractice Defense Verdict In Favor Of Drug Rehab Facility

July 28, 2021

A medical malpractice jury in Pennsylvania returned a defense verdict on June 8, 2021 in favor of the defendant drug and alcohol rehabilitation facility that had been sued with regard to the death of a 23-year-old, 316-pound male inpatient who had been admitted for Oxycodone and Xanax addictions. Th[...]

Georgia Appellate Court Finds One Of Three Of Plaintiff’s Medical Malpractice Experts Was Qualified And Raised An Issue Of Material Fact

July 27, 2021

The Court of Appeals of Georgia held in its opinion dated July 1, 2021: “given Dr. Peng’s willingness to prescribe anticoagulant therapies, his appreciation of the decedent’s pre-existing risk factors for DVT, and his understanding of the “significant” DVT risk associated with immobili[...]

New York Appellate Court Reinstates Medical Malpractice Lawsuit Against Ophthalmologists

July 26, 2021

The New York Supreme Court Appellate Division, Third Department (“New York Appellate Court”) held in its decision dated July 1, 2021: “Viewing the evidence in a light most favorable to plaintiff, a triable factual question exists regarding whether the notation in Twin Tiers’ [...]

Missouri Supreme Court Upholds Cap On Noneconomic Damages In Medical Malpractice Cases

July 25, 2021

The Supreme Court of Missouri, in its opinion issued on July 22, 2021, upheld Missouri’s cap on nonecnomic damages in Missouri medical malpractice cases, stating, “Because a medical negligence action is a statutorily created cause of action, the General Assembly had the legislative autho[...]

Georgia Appellate Court Reverses Directed Verdict For Emergency Room Doctor

July 24, 2021

In its decision dated July 2, 2021, the Court of Appeals of Georgia (“Georgia Appellate Court”) reversed the directed verdict entered in favor of the defendant emergency room doctor and his employer in a Georgia medical malpractice case where the plaintiff had to have her leg amputated a[...]

AARP Nursing Home COVID-19 Report (July 2021)

July 23, 2021

AARP’s Nursing Home COVID-19 Dashboard was updated as of July 15, 2021 and tracks five categories of the impact of COVID-19 in nursing homes, which has killed more than 184,000 nursing home residents and staff of nursing homes and other long-term care facilities. The AARP Dashboard is updated [...]

Federal Appellate Court Affirms No Violation Of EMTALA

July 22, 2021

The United States Court of Appeals for the Seventh Circuit (“Federal Appellate Court”) affirmed in its decision dated June 28, 2021: “Beginning with the EMTALA [Emergency Medical Treatment and Active Labor Act] claims, we agree that the operative complaint alleges no facts that wou[...]

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