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Daily Blogs

New York Appellate Court Revives Failure To Diagnose Compartment Syndrome Medical Malpractice Case

October 8, 2018

The Supreme Court of the State of New York Appellate Division: Second Judicial Department (“New York Appellate Court”) held in its Decision & Order dated August 29, 2018 that the trial court should have denied the New York medical malpractice defendants’ motion for summary jud[...]

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Nearly One-Half Of U.S. Department of Veterans Affairs (VA) Nursing Homes Are One-Star Facilities

October 7, 2018

Sixty of the 133 VA nursing homes that serve 46,000 veterans annually in 46 states, the District of Columbia, and in Puerto Rico received the lowest rating – one star – for quality, as of December 31, 2017. The one-star VA nursing homes are located in 32 states, with Pennsylvania being t[...]

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Texas Doctor And Texas Pill Mill Owner Sentenced To 35 Years In Prison

October 6, 2018

A Texas physician and the owner of a Texas pain management clinic that federal prosecutors identified as a pill mill were sentenced on September 20, 2018 to 35 years (420 months) in prison for providing tens of thousands of unlawful prescriptions for millions of doses of opioids and other controlled[...]

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Study Finds Silicone Breast Implants Associated With Autoimmune Complications

October 5, 2018

A study published in the Annals of Surgery on September 14, 2018 entitled, “US FDA Breast Implant Postapproval Studies: Long-term Outcomes in 99,993 Patients” concluded: “Silicone implants are associated with an increased risk of certain rare harms; associations need to be further [...]

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$2.4M Mississippi Medical Malpractice Verdict Against OBGYN For Negligent Treatment Of Ruptured Uterus During Labor

October 4, 2018

On August 31, 2018, a Mississippi medical malpractice jury awarded the plaintiff $2.4 million in compensatory damages against a local OBGYN, who had his hospital privileges suspended in February 2018. The incident for which the Mississippi jury found the defendant OBGYN liable had occurred in 2014. [...]

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$1.67M Maryland Medical Malpractice Wrongful Death Verdict Against Gastroenterologist

October 3, 2018

A Maryland medical medical practice jury returned its verdict in favor of the plaintiff in the amount of $1.67 million on September 26, 2018 in a Maryland medical malpractice wrongful death action, after a six-day trial and three hours of jury deliberations. The Maryland medical malpractice jury awa[...]

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How To Avoid Becoming A Medical Malpractice Victim – Part IV: A Second Opinion May Be Your Best Friend (And Save Your Life)

October 2, 2018

We receive medical malpractice inquiries all the time from medical malpractice victims who suffered serious and permanent harm as a result of medical negligence who may have avoided their life-long suffering and immense medical bills if they had only listened to the little voice in their head tellin[...]

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Florida Supreme Court Revives Medical Malpractice Wrongful Death Case Involving Woman Who Died 3 Days After Giving Birth

October 1, 2018

The Supreme Court of Florida (“Florida Supreme Court”) held in its 4-to-3 opinion filed on September 6, 2018 that (1) where the facts regarding the presuit expert’s qualifications are unrefuted, the proper standard of review of a trial court’s dismissal of a medical malpractice actio[...]

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New Jersey Appellate Court Reverses Medical Malpractice Defense Verdict Due To Juror’s Conflict Of Interest

September 30, 2018

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in its unpublished opinion filed on September 14, 2018 that the trial court mistakenly exercised its discretion by allowing a juror to serve after acknowledging a conflict of interest. The Underlying [...]

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How To Avoid Becoming A Medical Malpractice Victim – Part III: Expect From Your Medical Providers What You Would Expect From A Good Restaurant

September 29, 2018

When you go to a nice restaurant for a special occasion, you expect proper service and a well-prepared meal that you cannot, or do not, prepare for yourself at home. You have no qualms asking questions about the “specials” and how the food is prepared, and you expect the server to be honest with[...]

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Missouri Supreme Court Rules Medical Malpractice Defendant’s Trial Testimony Not Substantially Different From His Deposition Testimony

September 28, 2018

The Supreme Court of Missouri (“Missouri Supreme Court”) upheld a defense verdict in a Missouri medical malpractice case in its opinion issued on September 11, 2018, holding that the defendant surgeon’s trial testimony was not substantially different than his opinion disclosed in d[...]

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How To Avoid Becoming A Medical Malpractice Victim – Part II: Get Your Medical Records, Read Them Carefully, And Get Them Corrected, If Necessary

September 27, 2018

Victims of medical malpractice are most often harmed through no fault of their own. Yet some of the victims of medical negligence may have avoided their serious injuries if they had requested and obtained a copy of their medical records, read them carefully for accuracy, and requested necessary corr[...]

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