Blog - Page 262 of 492 - Medical Malpractice Lawyers

Arizona Supreme Court Allows Medical Malpractice Claim Against Hospital To Continue After Surgeon Settles

September 2, 2018

The Supreme Court of the State of Arizona (“Arizona Supreme Court”) held in its opinion filed on July 9, 2018 that a stipulated dismissal with prejudice of an agent-surgeon does not preclude a party from asserting a claim against the surgeon’s principal for its own independent negligen[...]

Iowa Appellate Court Affirms Nursing Home Waived Its Right To Arbitrate Negligence Claims

September 1, 2018

The Court of Appeals of Iowa (“Iowa Appellate Court”) held in its decision filed on July 5, 2018 that the district court did not err in determining (1) it was to decide the issue of whether the defendants waived their right to arbitration based on their litigation conduct and (2) under t[...]

Pennsylvania House Of Representatives Rejects Proposal To Limit Punitive Damages Against Nursing Homes

August 31, 2018

The Pennsylvania House of Representatives voted 103 to 91 in late June against a proposal that would have limited punitive damages verdicts against Pennsylvania nursing homes to 250% of the compensatory damages awarded, by applying the cap contained in the Pennsylvania Medical Care Availability and [...]

Maryland Pill Mill Doctor Sentenced To Five Years In Prison

August 30, 2018

The Maryland Attorney General announced on August 3, 2018 that a Maryland doctor has been sentenced to two, five-year concurrent prison sentences after pleading guilty to a charge of Medicaid fraud and a charge of conspiracy to commit Medicaid fraud. The former Maryland pill mill doctor was also ord[...]

South Carolina Supreme Court Rules Quest Diagnostics Is A Licensed Health Care Provider

August 29, 2018

The South Carolina Supreme Court held in its opinion filed on June 27, 2018 that a genetic testing laboratory that performs genetic testing to detect an existing disease or disorder at the request of a patient’s treating physician is acting as a “licensed health care provider” unde[...]

Florida Appellate Court Rejects Constitutional Challenge To Medical Malpractice Immunity Statute

August 28, 2018

The Third District Court of Appeal State of Florida (“Florida Appellate Court”) stated in its opinion filed on August 1, 2018 that the Florida Legislature’s 2011 amendments to section 768.28, contained in subsections (9)(b) and (10)(f), did not violate the sovereign immunity, equal pro[...]

Florida Appellate Court Finds Psychiatric Patient’s Assault On Another Patient Is Ordinary Negligence, Not Medical Malpractice

August 27, 2018

The Third District Court of Appeal State of Florida (“Florida Appellate Court”) stated in its opinion filed on August 1, 2018 that it was unable to conclude that the act from which the plaintiff’s claim arises – the attack on the plaintiff by another patient in a Florida hospital[...]

Georgia Appellate Court Rules Medical Malpractice Claim Against Dermatologist Filed Too Late

August 26, 2018

The Georgia Court of Appeals (“Georgia Appellate Court”) held in its opinion filed on June 8, 2018 that the plaintiffs’ medical malpractice claim against the dermatologist who treated their 16-year-old daughter was filed after the expiration of Georgia’s two-year statute of l[...]

West Virginia Supreme Court Enforces Nursing Home Arbitration Agreement Signed By Successor Attorney-In-Fact

August 25, 2018

The Supreme Court of Appeals of West Virginia (“West Virginia Supreme Court”) held in its opinion filed on May 30, 2018 that a successor attoney-in-fact appointed in a durable power of attorney (“DPOA”) executed by a nursing home resident may bind the resident to an arbitrati[...]

$32.5M Massachusetts Medical Malpractice Judgment Upheld Where Physician Failed To Document Medical Condition

August 24, 2018

On July 31, 2018, a Massachusetts appellate court upheld a $32.5 million Massachusetts medical malpractice judgment against a physician who failed to document her patient’s incidental medical condition in her medical record. As a result of the negligent failure to document the condition in the[...]

MAUDE Adverse Event Reports For Filshie Clips

August 23, 2018

A Filshie clip is a silicone-lined, titanium occlusive device, originally designed for surgical contraception that was approved by the FDA in September 1996 for permanent contraception in women. The Filshie clip is placed with a reusable applicator and designed to permanently occlude the mid-isthmic[...]

$8M Verdict Against Medical Malpractice Lawyer

August 22, 2018

On July 25, 2018, a jury in Arizona awarded $6,232,000 in compensatory damages and an additional $1,768,000 in punitive damages in favor of the plaintiff surgeon in his lawsuit against a Las Vegas medical malpractice lawyer and his law firm who had previously sued the surgeon for medical malpractice[...]

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