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New Jersey Appellate Court Affirms $483,500 Lasik Surgery Malpractice Verdict

October 13, 2019

In its unpublished opinion dated September 30, 2019, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) affirmed a New Jersey medical malpractice jury’s verdict in favor of a man who claimed he was not a proper candidate for Lasik eye surgery due to [...]

California Appellate Court Affirms Medical Malpractice Defense Verdict Where Patient Did Not Consent To Knee Surgery Performed But Jury Found No Harm

October 12, 2019

The Court of Appeal, Fourth Appellate District Division One State of California (“California Appellate Court”) held in its unpublished opinion filed on September 24, 2019 that “[w]hile in many cases, even most, a patient subjected to an unwanted surgery will easily be able to prove[...]

Baltimore Hospital Found Not Liable For Inmate’s Suicide Death

October 11, 2019

After a nearly two-week trial and three hours of deliberations, a Baltimore medical malpractice jury determined on September 24, 2019 that a Baltimore hospital was not liable for the death of a prison inmate who broke the glass in the window of his hospital room and jumped five stories to his death.[...]

Failure To Check Patient’s Identity, Medical Records Mixup Result In Abortion Provided To Wrong Woman

October 10, 2019

A woman in South Korea who was six weeks pregnant went to a clinic to have a nutritional injection. Instead, she received an unwanted abortion because the medical staff at the clinic failed to check her identity and there was a mixup in the medicals records between her and a woman who had gone to [&[...]

Texas Appellate Court Holds Claim By Ambulance Passenger For Injuries After Driver Fell Asleep And Crashed Was Not Medical Malpractice Claim

October 9, 2019

The Texas Eleventh Court of Appeals (“Texas Appellate Court”) held in its opinion filed on September 12, 2019 that the claim of the mother of a minor child who was accompanying her child in an ambulance and was injured when the driver fell asleep, the ambulance left the roadway, and the [...]

CMS To Begin Placing Alert Icon On Nursing Home Compare Website For Nursing Homes Where Abuse Has Been Reported

October 8, 2019

CMS announced on October 7, 2019 that “[l]ater this month, CMS will – for the first time – display a consumer alert icon next to nursing homes that have been cited for incidents of abuse, neglect, or exploitation for nursing homes on its Nursing Home Compare website … Previously, con[...]

Virginia Supreme Court Reverses And Remands Plaintiff’s Verdict In Nursing Home Rape Case On Respondeat Superior Issue

October 7, 2019

In its opinion filed on August 30, 2019, the Virginia Supreme Court held that the trial court had made erroneous evidentiary rulings regarding the admissibility of expert testimony in a nursing home negligence case where the plaintiff contended that the defendant nursing assistant molested and raped[...]

Nearly $4M Medical Malpractice Verdict Against Cleveland Clinic Physician For Permanent Facial Nerve Neuropathy

October 6, 2019

An Ohio medical malpractice jury listened to testimony and considered the evidence it was provided during a week-and-a-half trial after which it found the defendant Cleveland Clinic physician medically negligent in causing the plaintiff’s permanent facial nerve neuropathy during a temporal art[...]

CDC Updates Number Of Vaping Lung Disease Cases, Now Over 1,000

October 5, 2019

On October 3, 2019, the CDC announced an update regarding the number of confirmed and probable lung injury cases and vaping deaths associated with e-cigarette product use in the United States. The CDC announced that as of October 1, 2019, there were 1,080 confirmed and probable lung injury cases ass[...]

$150K Maryland Medical Malpractice Verdict For Botched Hysteroscopy Leading To Hysterectomy And Loss Of Kidney

October 4, 2019

A Maryland medical malpractice jury on Maryland’s conservative Eastern Shore returned its verdict in the amount of $150,000 in favor of a woman who lost her kidney and suffered other substantial injuries as a result of a hysteroscopy that was botched by the defendant physician. The Maryland me[...]

Kentucky Supreme Court Rules Expert Testimony Was Necessary In Stroke After Angiogram Medical Malpractice Case

October 3, 2019

The Supreme Court of Kentucky (“Kentucky Supreme Court”) held in its opinion filed on August 29, 2019: “we conclude that the res ipsa loquitor exception is inapplicable herein and expert opinion evidence is therefore required to establish causation. The expert testimony in this cas[...]

$630K College Student Suicide Malpractice Verdict Involving Iowa State’s Counseling Center

October 2, 2019

On August 14, 2019, an Iowa medical malpractice jury returned its verdict in the amount of $630,000 for the negligence of Iowa State University’s Counseling Center, which was reduced by 50% for the negligence of the Iowa State student who committed suicide after obtaining mental health counsel[...]

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