Blog - Page 266 of 492 - Medical Malpractice Lawyers

Iowa Supreme Court Rules Surgeon’s Experience May Be Relevant To Lack Of Informed Consent Claim

July 16, 2018

The Supreme Court of Iowa (“Iowa Supreme Court”) held in its opinion filed on June 15, 2018 that “[t]he duty to disclose under Iowa’s informed-consent law turns on whether a reasonable person in the patient’s position would consider the information at issue to be material to th[...]

For Lack Of Heir Or Will, Indiana Medical Malpractice Wrongful Death Case Cannot Proceed After Plaintiff’s Death

July 15, 2018

The Court of Appeals of Indiana (“Indiana Appellate Court”) stated in its opinion filed on June 14, 2018 that “This appeal presents the issue of what happens when one of the statutory beneficiaries enumerated in the statute (in this case, a spouse) survives the wrongful-death deced[...]

Maryland’s Highest Appellate Court Applies Immunity In Overturning Suicide Medical Malpractice Verdict

July 14, 2018

The Court of Appeals of Maryland (“Maryland Appellate Court”), which is Maryland’s highest appellate court, held in its opinion filed on July 12, 2018 that “the process of involuntary admission begins with the initial application for involuntary admission of an individual and[...]

$344,000 Settlement For Arkansas Jail Death

July 13, 2018

An Arkansas county and the private health care provider contracted to provide medical services to prisoners in the county jail reportedly settled a deliberate indifference wrongful death lawsuit filed by the family of a jailed prisoner who died as a result of the failure of the defendants to provide[...]

North Carolina Nursing Home Wrongful Death Lawsuit Filed For Death Of 98-Year-Old WWII Veteran

July 12, 2018

The family of a 98-year-old World War II Army veteran, who died in the defendant nursing home on January 26, 2017 after screaming in pain for one week as a result of the serious injuries he suffered as a result of a fall at the nursing home, has filed a North Carolina nursing home wrongful […[...]

Nebraska Supreme Court Affirms Trial Court’s Refusal To Compel Arbitration Of Nursing Home Claim

July 11, 2018

The Nebraska Supreme Court held in its opinion filed on June 15, 2018 that: (1) in the absence of a contractual provision evidencing clear and unmistakable intent to the contrary, the issue of whether an arbitration agreement is enforceable is for a court to decide and not an arbitrator, and (2) the[...]

Report Finds Pharmaceutical Recalls And Medical Device Recalls Were Up In First Quarter 2018

July 10, 2018

The First Quarter 2018 “Recall Index” published by Stericycle Expert Solutions (“Stericylce,” which “provides global and local expertise before, during, and after a recall threat” and each quarter of the year analyzes cumulative recall data across five product cat[...]

$29.5M Iowa Medical Malpractice Verdict For Patient’s Death From Allergic Reaction To Contrast Dye

July 9, 2018

An Iowa medical malpractice jury returned its verdict in the amount of $29.5 million in favor of the family of a woman who died on June 9, 2015 as a result of an allergic reaction to the contrast dye administered to her during a CT scan. The June 13, 2018 Iowa medical malpractice verdict included [&[...]

California Appellate Court Reduces Punitive Damages Award From $70M To $19.6M In Malfunctioning Surgical Stapler Case

July 8, 2018

The Court of Appeal of the State of California First Appellate District Division Five (“California Appellate Court”), in its opinion filed on June 13, 2018, reduced the punitive damages award by a California jury from $70 million to $19.7 million (i.e., two-times the amount of the compen[...]

U.S. Health Statistics From 1990 To 2016

July 7, 2018

An analysis entitled “The State of US Health, 1990-2016 Burden of Diseases, Injuries, and Risk Factors Among US States” published on April 10, 2018 in JAMA Network reported on trends in the burden of diseases, injuries, and risk factors at the state level in the United States from 1990 t[...]

$135M Detroit Medical Malpractice Verdict For Permanent Paralysis After Scoliosis Surgery

July 6, 2018

A 10-year-old girl had rods surgically implanted in her spine in 2010 to treat scoliosis that were allegedly improperly implanted and thereby led to problems with her limbs, bowel, and bladder that were not timely diagnosed or properly treated. As a result, she became a quadriplegic. A Detroit medic[...]

Colorado Supreme Court Applies Substantial Compliance Standard In Enforcing Nursing Home Arbitration Agreement

July 5, 2018

A divided Colorado Supreme Court held in its opinion filed on June 11, 2018 that despite the defendant nursing home’s failure to strictly comply with the Colorado statute requiring that notice regarding nursing home arbitration agreements be emphasized by at least ten-point font and bold-faced[...]

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