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Delaware Supreme Court Revives Medical Malpractice Case Against Hospitalists’ Employer Where its Employees Were Not Sued

April 18, 2019

The Supreme Court of the State of Delaware (“Delaware Supreme Court”) held in its opinion filed on April 8, 2019: “we conclude that Greco [Greco v. University of Delaware, 619 A.2d 900 (Del. 1993)] should be overruled to the extent that it held that, if a plaintiff has failed to su[...]

Mississippi Appellate Court Affirms Medical Malpractice Defense Verdict For Back Surgeon

April 17, 2019

The Court of Appeals of the State of Mississippi (“Mississippi Appellate Court”), in its opinion filed on April 2, 2109, affirmed a defense verdict in a Mississippi medical malpractice case, finding sufficient evidence to support the verdict, that the verdict is not against the weight of[...]

Electronic Health Records (EHRs) Are A Curse To Both Health Care Providers And Patients

April 16, 2019

Kaiser Health News (KHN) recently reported in an article entitled Death By 1,000 Clicks: Where Electronic Health Records Went Wrong the results of “a months-long joint investigation by KHN and Fortune has found that instead of streamlining medicine, the government’s EHR [Electronic Health Re[...]

Oregon Supreme Court Reverses Medical Malpractice Defense Verdict For Failure To Instruct Jury Regarding Liability For Subsequent Conduct

April 15, 2019

The Supreme Court of the State of Oregon (“Oregon Supreme Court”) ruled in its opinion filed on April 4, 2019 in an Orgeon medical malpractice case that the plaintiff’s requested jury instruction regarding an original tortfeasor’s liability for the subsequent conduct of another was a[...]

Texas Appellate Court Finds Plaintiff’s Expert’s Report Sufficient In Dental Malpractice Case

April 14, 2019

The State of Texas Fourteenth Court of Appeals (“Texas Appellate Court”) held in its opinion filed on April 2, 2019: “Because [the plaintiff’s] expert report provided a fair summary of the expert’s opinions regarding the applicable standards of care, a statement identifying[...]

Proposed Florida Law Would Create Elder Abuse Fatality Review Teams

April 13, 2019

Florida Senate Bill 452, if signed into law, authorizes the establishment of elder abuse fatality review teams, composed of volunteer members, in each of the 20 judicial circuits in Florida. The teams would review closed cases of fatal incidents of elder abuse and make policy and other recommendatio[...]

VA Nursing Home Inspection Reports Show Veterans Being Harmed

April 12, 2019

USA Today reports that “from April through December 2018, inspectors from a private contractor cited 52 out of 99 VA nursing homes for deficiencies that caused “actual harm” to veterans. In three facilities, they found veterans’ health and safety in “immediate jeopardy,” and in eight[...]

Kentucky Appellate Court Affirms Res Ipsa Loquitur Did Not Apply In Medical Malpractice Case

April 11, 2019

In an unpublished opinion rendered on March 29, 2019, the Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) held that the Kentucky medical malpractice plaintiff had “failed to present any affirmative evidence that [the defendant hospital] breached the standard [...]

New York Appellate Court Affirms Summary Judgment For Bariatric Surgeon For Negligence That Occurred In The ICU

April 10, 2019

In its Order dated March 28, 2019, the New York Supreme Court, Appellate Division, First Department (“New York Appellate Court”) affirmed summary judgment granted to the defendant bariatric surgeon in a New York medical malpractice case in which the plaintiff sought to hold the defendant[...]

$4.8M Illinois Medical Malpractice Verdict For Cut Ureter During Abdominal Surgery

April 9, 2019

On March 27, 2019, a Vermilion, Illinois medical malpractice jury awarded the estate of a woman who suffered serious urological injuries during abdominal surgery more than $4.8 million in an Illinois medical malpractice case filed against the surgeon. The Illinois medical malpractice jury awarded $4[...]

$2.35M Medical Malpractice Settlement For Death Due To Delayed Diagnosis Of Aortic Aneurysm

April 8, 2019

On March 6, 2019, three defendant physicians agreed to settle a medical malpractice case in which they were alleged to have failed to timely diagnose and treat a hospital patient’s aortic aneurysm in the emergency department, which led to his death. The defendant emergency room attending physi[...]

U.S. Physicians With Multiple Medical Malpractice Claims Not Likely To Relocate But More Likely To Switch To Smaller Practice

April 7, 2019

An article published in The New England Journal of Medicine on March 28, 2019 entitled “Changes in Practice among Physicians with Malpractice Claims” concluded: “Physicians with multiple malpractice claims were no more likely to relocate geographically than those with no claims, bu[...]

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