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Daily Blogs

Florida Appellate Court Applies Excusable Neglect In Reviving Medical Malpractice Case

May 24, 2019

The District Court of Appeal of Florida Second District (“Florida Appellate Court”), in its opinion filed on May 8, 2019, applied the doctrine of excusable neglect in reviving a Florida medical malpractice case that the trial court dismisssed because the plaintiffs’ Florida medical[...]

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$42.5M California Elder Abuse Verdict Against Assisted Living Facility

May 23, 2019

In April 2019, an elder abuse jury in California returned its verdict in the amount of $42.5 million against as assisted living facility for the death of a resident, awarding the woman’s family $7 million in compensatory damages and an additional $35 million in punitive damages, which represen[...]

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Florida Emergency Room Physician Who Prevailed In Medical Malpractice Case Sues The Plaintiff’s Lawyer

May 22, 2019

A Florida emergency room physician who ultimately prevailed in a Florida medical malpractice case filed against him by the surviving husband of a woman he treated in a hospital emergency room in 2007 who died 12 hours after being discharged from the ER is suing the plaintiff’s Florida medical [...]

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Maryland’s Opioid Operational Command Center Reports Increase In Opioid-Related Deaths In 2018

May 21, 2019

The Maryland Opioid Operational Command Center issued its “Opioid Operational Command Center Annual Report January 1, 2018 – December 31, 2018” on May 9, 2019, stating, “We have found that the rate of increase in the overall number of opioid-related fatalities has slowed for two [...]

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$5M New York Medical Malpractice Verdict Against Radiologists For Failure To Diagnose Chiari Malformation

May 20, 2019

On April 8, 2019, a New York medical malpractice jury in Queens County, New York announced its unanimous verdict in the amount of $5 million in favor of the plaintiff against two radiologists whom the plaintiff alleged had failed to report an abnormality on two successive MRI scans of the brain (Chi[...]

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Lawsuit Alleges California Hospital Secretly Videoed 1,800 Women Without Their Knowledge

May 19, 2019

On March 29, 2019, a lawsuit was filed against a California hospital that alleged that the hospital secretly video recorded 1,800 patients using hidden cameras at its women’s health center between July 17, 2012 and June 30, 2013 inside three Labor and Delivery operating rooms. The surreptitiou[...]

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California Appellate Court Holds Hospital Not Vicariously Liable For Alleged Medical Negligence Of On-Call Physicians

May 18, 2019

The Court of Appeal, Fourth Appellate District, Division One, State of California (“California Appellate Court”) held in its unpublished opinion filed on April 15, 2019 “the Hospital could not be vicariously liable for any negligence by the on-call physicians because the physicians[...]

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CDC Study: Three In Five Pregnancy-Related Deaths In U.S. Were Preventable

May 17, 2019

The CDC’s Morbidity and Mortality Weekly Report dated May 10, 2019 entitled “Vital Signs: Pregnancy-Related Deaths, United States, 2011–2015, and Strategies for Prevention, 13 States, 2013–2017” concluded that “Approximately three in five pregnancy-related deaths were pre[...]

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Indiana Appellate Court Holds Negligent Dissemination Of Confidential Medical Information Was Ordinary Negligence, Not Medical Malpractice

May 16, 2019

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion filed on May 6, 2019 that “the MMA [Indiana Medical Malpractice Act] is not applicable to claims involving negligent dissemination of protected health information and thus the trial court erred in grant[...]

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FDA Issues Safety Communication Regarding The Stryker Wingspan Stent System

May 15, 2019

The FDA issued a Safety Communcation on April 25, 2019 entitled, “Use of the Stryker Wingspan Stent System Outside of Approved Indications Leads to an Increased Risk of Stroke or Death: FDA Safety Communication” in which the FDA warned: “a very specific group of patients, consisten[...]

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Colorado’s Professional Review Act (CPRA): Patient Safety Or Malpractice Secrecy?

May 14, 2019

Colorado’s Professional Review Act (CPRA) is up for reauthorization this legislative session and the proponents and opponents of the reauthorization bill are promoting their positions. According to the Colorado Department of Regulatory Agencies, professional review committees review and evaluate t[...]

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Most Kidney Stone Medical Malpractice Cases End In Favor Of The Defendants

May 13, 2019

An article presented during the 2019 meeting of the American Urological Association (AUA) reported “Most kidney stone-related malpractice suits end in a verdict in favor of the physician or a hospital, even after appeal.” The investigators analyzed 33 appealed medical malpractice cases i[...]

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