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Daily Blogs

Virginia Court Disallows Discovery Of Medical Malpractice Defendant’s Photographs Of Biopsy Slides

June 8, 2020

In a Virginia medical malpractice case in which the plaintiff alleged that the defendants misdiagnosed the plaintiff with a specific cervical cancer for which she subsequently received treatment, one of the defendants, a pathologist, testified during her deposition that after the lawsuit had been fi[...]

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U.S. Department Of Justice Announces National Nursing Home Initiative

June 7, 2020

The U.S. Department of Justice announced on March 3, 2020 the launch of the Department of Justice’s National Nursing Home Initiative, which will coordinate and enhance civil and criminal efforts to pursue nursing homes that provide grossly substandard care to their residents, focusing on some of t[...]

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Tennessee Appellate Court Finds No Fraudulent Concealment, Applies Statute Of Repose To Medical Malpractice Claim

June 6, 2020

The Court of Appeals of Tennessee at Nashville (“Tennessee Appellate Court”) held in its opinion filed on March 11, 2020 in a Tennessee medical malpractice case, “Based on the undisputed facts, we conclude that Ms. Tucker’s claims against these defendants are barred by the statut[...]

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Florida Pain Clinic Agrees To Pay $41M To Settle Unnecessary Urine Drug Testing Claims

June 5, 2020

The United States Attorney for the Middle District of Florida announced on April 15, 2020 that a Florida pain clinic and associated other defendants have agreed to pay a total of $41 million to resolve alleged violations of the False Claims Act for billing Medicare, Medicaid, TRICARE, and other fede[...]

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Pennsylvania Appellate Court Affirms New Trial For Medical Malpractice Plaintiff For Defense’s Improper Cross-Examination Question

June 4, 2020

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”), in its Memorandum Opinion dated April 14, 2020, affirmed the trial court’s grant of a new trial to the Pennsylvania medical malpractice plaintiff because the defense counsel asked an improper and prejudicial quest[...]

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Minnesota Appellate Court Affirms Dismissal Of Legal Malpractice Lawsuit Arising From Medical Malpractice Claim

June 3, 2020

The State of Minnesota Court of Appeals (“Minnesota Appellate Court”), in its unpublished opinion dated April 13, 2020, held, “we conclude that the district court did not abuse its discretion by denying the Ruizes’ motion for continuance. While the result of denying the Ruizes’[...]

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Iowa Supreme Court Applies Contradictory Affidavit Rule To Deny Medical Malpractice Claim

June 2, 2020

The Supreme Court of Iowa (“Iowa Supreme Court”), in its opinion filed on March 12, 2020, applied the contradictory affidavit rule in denying the medical malpractice claim of an Iowa woman who had to have an arm and eight toes amputated due to necrotizing fasciitis that she claimed the d[...]

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Georgia Man Charged With Attempting To Scam Veterans Administration For Respirator Masks

June 1, 2020

The U.S. Department of Justice announced on April 10, 2020 that a 39-year-old Georgia man was arrested and charged in federal court in the District of Columbia on April 10, 2020 with fraud for attempting to sell millions of nonexistent respirator masks to the Department of Veterans Affairs in exchan[...]

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New Jersey Appellate Court Affirms Medical Malpractice Verdict For Stroke Victim With Factor V Leiden

May 31, 2020

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”), in its opinion dated March 12, 2020, held, “Viewing the evidence in a light most favorable to plaintiff, and granting him all reasonable inferences, we conclude that plaintiff presented sufficient e[...]

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Pennsylvania Appellate Court Revives Medical Malpractice Claim Because Trial Court Erroneously Precluded Expert Testimony

May 30, 2020

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”), in its opinion filed on March 27, 2020, held: “Because Plaintiffs introduced sufficient competent expert testimony that Dr. Galinsky breached the standard of care and Plaintiffs’ failure to prove causation was c[...]

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Pennsylvania Appellate Court Overturns $10M Jury Award For Loss Of Society And Comfort

May 29, 2020

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) held in its Memorandum Opinion dated April 9, 2020 in a medical malpractice wrongful death lawsuit brought by the husband of the decedent, “Based on the trial court’s failure to examine the evidence in this case [...]

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U.S. Nursing Homes Spending Millions On Lobbyists To Obtain Immunity From Coronavirus Lawsuits

May 28, 2020

An article entitled “As residents perish, nursing homes fight for protection from lawsuits” published on May 26, 2020 in POLITICO stated, “As an unprecedented catastrophe unfolds in which more than 28,000 people have died of Covid-19 in care facilities, the nursing home industry is[...]

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