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Daily Blogs

Former Ohio Doctor Charged With 25 Counts Of Murder Related To Opioids

June 17, 2019

A former Ohio doctor who had his Ohio medical license summarily suspended by the State Medical Board of Ohio on January 25, 2019 voluntarily surrendered to authorities in Columbus, Ohio in early June 2019 to face charges in 25 deaths following a six-month investigation by the Franklin County Prosecu[...]

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New York Appellate Court Says Opioid Prescribing Doctor Must Face Medical Malpractice Wrongful Death Claim

June 16, 2019

The June 13, 2019 Decision and Order of the New York Supreme Court, Appellate Division, First Department (“New York Appellate Court”) stated that the New York medical malpractice wrongful death plaintiff’s theory of liability is that the defendant doctor prescribed high-dose opioid pai[...]

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Kansas Supreme Court Overturns Statutory Cap On Noneconomic Damages In Personal Injury Cases

June 15, 2019

In it opinion dated June 14, 2019, the Supreme Court of the State of Kansas (“Kansas Supreme Court”) overturned Kansas’ statutory cap on noneconomic damages in personal injury cases, holding: “Section 5 of the Kansas Constitution Bill of Rights declares, “The right of t[...]

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$3.4M Philadelphia Medical Malpractice Verdict For Death Of Toddler

June 14, 2019

On May 31, 2019, a Philadelphia medical malpractice jury returned its verdict after three days of deliberations in favor of the plaintiffs in the amount of $3.38 million for the death of their 21-month-old daughter in September 2014 because her strangulated small intestine was not diagnosed in time [...]

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New Jersey Appellate Court Reverses Medical Malpractice Defense Verdict Due To Trial Judge’s Errors

June 13, 2019

In its opinion dated May 15, 2019, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) reversed the defense verdict in a New Jersey medical malpractice case for various errors committed by the trial judge. The New Jersey medical malpractice plaintiff allege[...]

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Maine Appellate Court Affirms Summary Judgment For Radiologist Who Negligently Misread CT Scan

June 12, 2019

The Maine Supreme Judicial Court (“Maine Appellate Court”), in its decision filed on May 30, 2019, affirmed the trial court’s granting summary judgment in favor of the defendant radiologist in a Maine medical malpractice case where the plaintiff claimed the radiologist negligently [...]

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Minnesota Appellate Court Affirms $3.1M Medical Malpractice Verdict For Loss Of Eye

June 11, 2019

In its unpublished opinion filed on May 28, 2019, the State of Minnesota Court of Appeals (“Minnesota Appellate Court”) affirmed a Minnesota medical malpractice verdict in favor of a woman who lost her eye allegedly as a result of the failure to adhere to sterile procedures before and du[...]

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New Jersey Appellate Court Finds Extraordinary Circumstances Excusing Late Filing Of Medical Malpractice Claim

June 10, 2019

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in its unpublished opinion filed on May 24, 2019: “We are satisfied that plaintiff’s extreme situation constituted extraordinary circumstances because it had an “impact on the claima[...]

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Minnesota Supreme Court Holds Physician-Patient Relationship Not Necessary For Medical Malpractice Claim

June 9, 2019

The State of Minnesota Supreme Court (“Minnesota Supreme Court”) held in its opinion filed on April 17, 2019 that a physician-patient relationship is not a necessary element of a claim for professional negligence (medical malpractice). A physician owes a duty of care to a third party whe[...]

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Ohio Appellate Court Affirms $308,620.74 Leech Therapy Medical Malpractice Verdict

June 8, 2019

In its Decision rendered on May 23, 2019, the Court of Appeals of Ohio Tenth Appellate District (“Ohio Appellate Court”) affirmed an Ohio medical malpractice jury’s verdict in favor of the plaintiff in the amount of $308,620.74 (the jury returned its verdict in the amount of $300,0[...]

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Ohio Appellate Court Finds Hernia Mesh Left After Surgery May Be Foreign Object Allowing Late Filed Medical Malpractice Case

June 7, 2019

The Court of Appeals of Ohio Eighth Appellate District County of Cuyahoga (“Ohio Appellate Court”) held in its Journal Entry And Opinion filed on May 23, 2019: “Although foreign-object cases have generally involved objects such as surgical instruments, needles, and sponges that wer[...]

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Alabama Supreme Court Discusses ERISA Preemption In Medical Malpractice Wrongful Death Case

June 6, 2019

The issue the Supreme Court of Alabama (“Alabama Supreme Court”) had to decide in its May 24, 2019 opinion was whether the plaintiff’s Alabama medical malpractice wrongful death claims against Blue Advantage brought pursuant to § 6-5-410, Ala. Code 1975, are preempted by ERISA. Th[...]

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