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Colorado Jury Determines Hospital’s Lawsuit Against Patient For $230K Bill Unreasonable, Awards $766

August 9, 2018

A Colorado hospital sued its patient for $229,112.13, claiming that the $74,597.35 it received from the patient’s health plan and the deductible it received from the patient were not enough for the patient’s back surgery and the three-night hospital stay after the surgery. The hospital h[...]

Maryland Medical Malpractice Case Remanded To Determine If Dismissal Was Appropriate For Failure To File Supplemental Certificate

August 8, 2018

The Court of Special Appeals of Maryland (“Maryland Appellate Court”), in an unreported opinion filed on August 2, 2018, remanded to the circuit court a Maryland medical malpractice case where the plaintiff failed to timely file a supplemental certificate and the circuit court thereafter[...]

Mexican Medical Malpractice Claim Alleges Delayed C-Section Resulted In Death In Womb

August 7, 2018

The Mexico News Today reported that the Mexican Institute of Social Security is investigating the death of a full term baby in utero that the mother alleges in her Mexican medical malpractice claim was due to the hospital negligently delaying her delivery by Cesarean section. The mother alleges that[...]

Signature Healthcare Agrees To Pay More Than $30M To Resolve False Claims Allegations

August 6, 2018

On June 11, 2018, the U.S. Department of Justice, U.S. Attorney’s Office for the Middle District of Tennessee announced that Signature HealthCARE, LLC (“Signature”) has agreed to pay more than $30 million to resolve allegations that it violated the False Claims Act by knowingly submitt[...]

Pennsylvania Appellate Court Allows Claim Against Mental Health Professionals Where Patient Killed Neighbor

August 5, 2018

In its opinion filed on June 29, 2018, the Pennsylvania Superior Court (“Pennsylvania Appellate Court”) ruled that the lower court had properly allowed the wrongful death claim against the defendant mental health professionals to proceed where a homicidal and suicidal mental health patie[...]

Fourth Circuit Court Of Appeals Reinstates Punitive Damages Award In Federal Nursing Home Wrongful Death Case

August 4, 2018

In an unreported opinion filed on August 2, 2018, the U.S. Court of Appeals for the Fourth Circuit (“Federal Appellate Court”) reversed the district court’s grant of judgment for the nursing home defendants as to the jury’s award of punitive damages for the plaintiffs, and re[...]

“Lyme Disease in 2018”

August 3, 2018

An article published on August 2, 2018 in JAMA entitled Lyme Disease in 2018 provides important information regarding Lyme disease in the United States, including: “There has been considerable publicity about substantial increases in the incidence of Lyme disease; however, even though the inci[...]

Minnesota Appellate Court Affirms Medical Malpractice Defense Win

August 2, 2018

The Minnesota Court of Appeals (“Minnesota Appellate Court”) held in its unpublished decision filed on May 21, 2018 that “[b]ecause no authority supports [the Minnesota medical malpractice plaintiff’s] contention that a medical malpractice defendant may not argue that the pla[...]

Iowa Appellate Court Allows Prior Nursing Home Citations, Punitive Damages In Nursing Home Case

August 1, 2018

The Court of Appeals of Iowa (“Iowa Appellate Court”) held in its decision filed on June 6, 2018 that the trial court had not abused its discretion in allowing the Iowa nursing home negligence jury to consider the defendant nursing home’s prior deficiency citations, finding that th[...]

Ohio Appellate Court Holds Statute Of Repose Applies To Medical Malpractice Wrongful Death Actions

July 31, 2018

In its opinion filed on June 25, 2018, the Court of Appeals of Ohio Third Appellate District Wyandot County (“Ohio Appellate Court”) held that “based on the different motivations of a statute of limitations and a statute of repose, any argument asserting that Ohio’s medical-claim[...]

New York Appellate Court Applies Continuous Treatment Doctrine To Save Plaintiff’s Medical Malpractice Case

July 30, 2018

In its opinion filed on April 28, 2018, a New York appellate court reversed summary judgment for the defendant cardiologist in a New York medical malpractice case in which the plaintiff alleged that the defendant was medically negligent in prescribing the drug Pradaxa in combination with the plainti[...]

VA Announces First Annual VA Nursing Home Ratings

July 29, 2018

For the first time, the U.S. Department of Veterans Affairs (“VA”) issued its annual VA nursing homes ratings. The VA claims the data show that, overall, the VA’s nursing home system, which is composed of more than 130 community living centers, compares closely with private sector nurs[...]

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