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Federal Appellate Court Upholds $15M Medical Malpractice Verdict Based On Apparent Agency Of Radiologist Who Missed Cancerous Mass

March 13, 2019

The United States Court of Appeals For the Seventh Circuit (“Federal Appellate Court”) held in its decision filed on February 27, 2019 that “given the nature of health care services today … a medical center cannot hold itself out to the public as offering health care services[...]

Pennsylvania Appellate Court Discusses Two Schools Of Thought Doctrine In Unnecessary Stent Medical Malpractice Case

March 12, 2019

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) held in its opinion filed on February 27, 2019 that although it was error for the trial judge to instruct the Pennsylvania medical malpractice jury with regard to the two schools of thought doctrine in a Pennsylvania med[...]

Missouri Appellate Court Affirms $9.4M Orthopedic Surgery Malpractice Verdict

March 11, 2019

In its Opinion filed on February 26, 2019, the Missouri Court of Appeals Eastern District Division One (“Missouri Appellate Court”) affirmed a $9.4 million orthopedic surgery medical malpractice verdict. The Missouri medical malpractice jury had awarded the plaintiff $4,451,875 in compen[...]

Texas Doctor And Hospital Owner Convicted In $20 Million Healthcare Fraud Scheme

March 10, 2019

The U.S. Department of Justice U.S. Attorney’s Office Southern District of Texas announced on February 22, 2019 that a federal jury has convicted a 50-year-old internal medicine doctor and 47-year-old hospital owner of conspiracy to commit health care fraud, 17 counts of health care fraud, and thr[...]

Indiana Supreme Court Holds Heir Not Necessary In Medical Malpractice Wrongful Death Case

March 9, 2019

The Indiana Supreme Court held in its decision dated February 21, 2019 that the plaintiff’s claim for survivor damages “did not abate upon his death and was not dependent on the existence of an heir,” stressing that the case “demonstrates the enduring importance of drafting a[...]

Researchers Find Texas’ Bases For Medical Malpractice Reform In 2003 Were Bogus

March 8, 2019

The University of Texas School of Law, Law and Economics Research Paper No. 284 entitled “Fictions and Facts: Medical Malpractice Litigation, Physician Supply, and Health Care Spending in Texas Before and After HB4,” which was posted on February 7, 2019, found: (1) there were no major ch[...]

Feres Doctrine Will Likely Bar Medical Malpractice Claim For Soldier’s Delayed Diagnosis Of Stomach Cancer

March 7, 2019

On October 31, 2018, an Army Sergeant died following a prolonged battle with stage 4 stomach cancer. His widow claims that military care providers committed medical malpractice when they failed to diagnose his stomach cancer during multiple visits to Army base doctors over a four-year period. The Ar[...]

New Jersey Appellate Court Affirms Defense Win In Medical Malpractice Informed Consent Case

March 6, 2019

The Superior Court of New Jersey Appellate Division (“New Jersey Apellate Court”) held in its unpublished opinion dated February 14, 2019 in a New Jersey medical malpractice case in which the plaintiff alleged that he had not given his consent for the surgery that the defendant surgeon p[...]

$14M Washington Medical Malpractice Verdict For Delayed Diagnosis Of Stroke Following Cardiac Cathetherization

March 5, 2019

A now 22-year-old woman won her Seattle, Washington medical malpractice lawsuit against a hospital and a physcians’ group that alleged that she suffered a stroke shortly after a cardiac catheterization procedure performed at the defendant hospital that was not diagnosed and treated in a timely[...]

Ohio Appellate Court Affirms Defense Verdict In Laparoscopic Cholecystectomy Malpractice Case

March 4, 2019

The Ohio Court of Appeals Ninth Judicial District (“Ohio Appellate Court”) in its Decision and Journal Entry dated February 20, 2019 upheld the defense verdict reached by a Ohio medical malpractice jury, concluding “that the jury’s verdict was not against the manifest weight of t[...]

Stryker Defibrillator Recall

March 3, 2019

On February 1, 2019, Stryker issued an “URGENT MEDICAL DEVICE SAFETY NOTICE & CORRECTION ACTION REQUIRED” regarding its LIFEPAK® 15 Monitor/Defibrillator, stating that “Stryker is conducting a voluntary Field Action for specific LIFEPAK 15 Monitor/Defibrillator devices that m[...]

Medicare Paid $84M During Two Year Period For Ineligible Nursing Home Stays

March 2, 2019

The Department of Health and Human Services Office of Inspector General issued a report in February 2019 entitled CMS Improperly Paid Millions Of Dollars For Skilled Nursing Facility Services When The Medicare 3-Day Inpatient Hopsital Stay Requirement Was Not Met that found: “CMS improperly pa[...]

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