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Daily Blogs

Kentucky Supreme Court Affirms That Mother’s Birth Injury Medical Malpractice Claim Was Filed Too Late

May 3, 2020

The Supreme Court of Kentucky (“Kentucky Supreme Court”), in its opinion rendered on April 30, 2020, held that the Kentucky medical malpractice plaintiff, who suffered a fourth-degree laceration during childbirth that led to the diagnosis of a rectovaginal fistula two weeks later, allege[...]

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Federal Appellate Court Saddles Patient With Portion Of High Air Ambulance Bill Not Paid By Health Insurance

May 2, 2020

The United States Court of Appeals for the Eighth Circuit (“Federal Appellate Court”) held in its opinion filed on March 20, 2020 that Blue Cross Blue Shield of North Dakota (BCBSND) did not abuse its discretion by partially denying the plaintiffs’ claim for air-ambulance benefits [...]

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Maryland Governor Issues New Directives For Coronavirus In Nursing Homes

May 1, 2020

Outbreaks of coronavirus in Maryland nursing homes account for 19% of Maryland’s total positive cases and 46% of Maryland’s COVID-19 deaths. Cases of COVID-19 have been detected in residents and/or staff at more than 130 nursing homes in Maryland. On April 29, 2020, Maryland’s Gove[...]

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15-Year-Old Psychiatric Patient Fatally Stabbed Hospital Patient Recovering From Surgery In Another Room

April 30, 2020

It has been reported that on March 18, 2020, a 15-year-old psychiatric patient in his hospital room at the University of Maryland Medical Center in Baltimore City, Maryland, suddenly ran past the hospital employee assigned to watch him and attacked a 74-year-old woman who was in a nearby room recove[...]

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Michigan Appellate Court Holds Medical Malpractice Case Was Wrongfully Dismissed

April 29, 2020

The Court of Appeals, State of Michigan (“Michigan Appellate Court”) held in its “On Reconsideration” opinion filed on March 18, 2020 that “dismissal [of the plaintiff’s Michigan medical malpractice case] was not appropriate” for his failure to appear at a s[...]

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Missouri Supreme Court En Banc Remands Medical Malpractice Plaintiff’s Claim Of Negligent Credentialing

April 28, 2020

In its opinion dated December 10, 2019, the Supreme Court of Missouri (“Missouri Supreme Court”) held: “Without evidence showing a reasonable investigation into the surgeon’s background and qualifications would have revealed he was unqualified to perform laparoscopic cholecystect[...]

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Texas Appellate Court Finds Hospital Nurse Failed To Comply With Whistleblower Statute

April 27, 2020

The Court of Appeals Seventh District of Texas at Amarillo (“Texas Appellate Court”), in its Memorandum Opinion dated March 18, 2020, addressed a nurse’s whistleblower claim against her employer, a Texas hospital, regarding mandatory work shifts. The Texas Appellate Court held that[...]

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South Carolina Supreme Court Overturns Medical Malpractice Verdict Due To Jury Misconduct Involving Premature Deliberations

April 26, 2020

The South Carolina Supreme Court, in its opinion dated March 11, 2020, stated, “it is clear Killian’s [a juror’s] conduct severely hampered the fundamental fairness of the trial, and that the circumstances here demonstrate prejudice. Carmichael [another juror] testified that Killia[...]

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New Jersey Supreme Court Discusses Contribution And Indemnification In Medical Malpractice Case

April 25, 2020

A recent case before the Supreme Court of New Jersey (“New Jersey Supreme Court”) arose out of a medical malpractice action based on the failure to detect the decedent’s cervical cancer via PAP smears. The New Jersey medical malpractice wrongful death lawsuit was filed against Ques[...]

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New Jersey Appellate Court Refuses To Compel Arbitration Of Nursing Home Claim

April 24, 2020

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in its decision dated February 26, 2020, “the idiosyncratic facts of this case overwhelmingly support the judge’s conclusion that there was no meeting of the minds between Charmaine [the n[...]

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Pennsylvania Prescription Drugs “Goodie Bags” Doctor Pays $2.8M To Settle Healthcare Fraud Claims

April 23, 2020

The U.S. Department of Justice U.S. Attorney’s Office Eastern District of Pennsylvania announced on March 17, 2020 that a Pennsylvania doctor who was alleged to have given out “Goodie Bags” of prescription drugs, including dangerous controlled drugs, has agreed to pay a total of $2.8 m[...]

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Multiple Violations Found At New Jersey Nursing Home Where 35 Residents Have Died From COVID-19 Since March

April 22, 2020

A New Jersey nursing home where 35 residents have died since March has been cited with five violations as a result of an inspection conducted on April 17, 2020. The nursing home had until April 20 to correct the violations. The plan of correction reportedly must include an on-site infection preventi[...]

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