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Coronavirus (COVID-19) And Medical Malpractice – Part One

March 17, 2020

During these concerning times, when there is so much information about the coronavirus (COVID-19) that is unknown and unknowable, it is important to not overreact, to stay calm, to stay informed from reliable sources, to minimize our exposure, and to support each other in ways that can help us get t[...]

Texas Supreme Court Reverses $2.7M Brachial Plexus Birth Injury Medical Malpractice Verdict

March 16, 2020

On February 21, 2020, the Supreme Court of Texas (“Texas Supreme Court”) reversed a Texas medical malpractice jury’s verdict in the total amount of $2.7 million in a brachial plexus birth injury case, holding that Texas Civil Practice and Remedies Code section 74.153’s standard o[...]

Texas Supreme Court Holds Bridal Shop’s Ebola-Related Claim Against Hospital Was A Medical Negligence Claim

March 15, 2020

In September 2014, the defendant hospital cared for a patient who was infected with the Ebola virus. A nurse who attended the patient at the hospital later visited a bridal shop in Ohio. Upon returning to Dallas, the nurse became ill and was diagnosed as having contracted the virus and recovered aft[...]

Ohio Appellate Court Discusses Statute Of Limitations In Foreign Object Medical Malpractice Cases

March 14, 2020

In its Decision filed on February 5, 2020, the Ohio Court of Appeals Ninth Judicial District (“Ohio Appellate Court”) stated, “in a foreign object medical malpractice case the injury is the presence of the foreign object in the patient’s body … Thus, the patient discovers a[...]

Indiana Appellate Court Refuses To Allow Medical Malpractice Plaintiff To Add Federal EMTALA Claim

March 13, 2020

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion filed on February 18, 2020 that the trial court properly denied the Indiana medical malpractice plaintiff’s request to amend his medical malpractice complaint to add an additional count alleging a feder[...]

Pennsylvania’s “A Study of the Impact of Venue for Medical Professional Liability Actions”

March 12, 2020

Senate Resolution 2019-20 (SR 20) directed Pennsylvania’s Legislative Budget and Finance Committee (“LBFC”) to conduct a study of the impact of venue for medical professional liability actions on access to medical care and maintenance of health care systems in Pennsylvania. The stu[...]

North Carolina Appellate Court Discusses Intervening Cause In Upholding Medical Malpractice Defense Verdict

March 11, 2020

The Court of Appeals of North Carolina (“North Carolina Appellate Court””) held in its opinion dated January 21, 2020: “even if a third-party is not a party at trial, an instruction on intervening negligence may be given if the evidence at trial shows that the third-party’s[...]

Georgia Nursing Home Company Banned In Kansas

March 10, 2020

The Attorney General of Kansas announced on February 14, 2020 that AltaCare Corporation, of Alpharetta, Georgia, d/b/a Pinecrest Nursing Home in Humboldt, Kansas, has been enjoined from doing business in Kansas for 10 years from the effective date of a consent judgment and fined $100,000 for failing[...]

“Report of the Independent Inquiry into the Issues raised by Paterson”

March 9, 2020

On February 4, 2020, a report entitled “Report of the Independent Inquiry into the Issues raised by Paterson” (“Report”) was printed pursuant to an order of the U.K. House of Commons. Ian Paterson, the subject of the Report, had graduated from medical school in the U.K. in 19[...]

Georgia Appellate Court Affirms Directed Verdict For Oral Surgeon In Dental Malpractice Case

March 8, 2020

The Court of Appeals of Georgia (“Georgia Appellate Court”), in its opinion dated February 14, 2020, affirmed a directed verdict in favor of the defendant oral surgeon at the conclusion of the plaintiff’s case in a Georgia dental malpractice case, stating, “In the absence of [...]

FDA Strengthens Warning Regarding Clozapine And Untreated Constipation

March 7, 2020

In a January 28, 2020 Drug Safety Communication entitled “FDA strengthens warning that untreated constipation caused by schizophrenia medicine clozapine (Clozaril) can lead to serious bowel problems,” the FDA stated that it is “strengthening an existing warning that constipation ca[...]

Class I Recall Of More Than 322,000 Medtronic MiniMed Insulin Pumps For Incorrect Insulin Dosing

March 6, 2020

The FDA announced on February 12, 2020 a Class I recall of 322,005 MiniMed 600 Series Insulin Pumps Model 630G (MMT-1715) (all lots before October 2019) and Model 670G (MMT-1780) (all lots before August 2019). The distribution dates for Model 630G were from September 2016 to October 2019, and the di[...]

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