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Daily Blogs

Louisiana Governor Signs Into Law Nursing Home “Granny Cam” Law

June 22, 2018

On May 31, 2018, Louisiana’s Governor signed into law House Bill No. 281, which authorizes a Louisiana nursing home resident or a legal representative to have a monitoring device installed in the room of the resident and establishes conditions for the installation and use of monitoring devices[...]

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$6.8M Massachusetts Medical Malpractice Verdict For Patient’s Death Following Hernia Mesh Surgery

June 21, 2018

On May 31, 2018, after an almost two-week trial, a Massachusetts medical malpractice jury determined that the defendant surgeon and his nurse assistant had breached the standard of care in performing a laparoscopic hiatal hernia repair surgery during which mesh was used, and that the medical neglige[...]

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Indiana Appellate Court Affirms Summary Judgment For Podiatrist On Inadequate Records Claim

June 20, 2018

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion filed on May 30, 2018 that the plaintiff failed to produce any evidence that would establish that the defendant podiatrist’s treatment of her fell below the applicable standard of care, and if the defen[...]

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Ohio Appellate Court Overturns Brachial Plexus Birth Injury Medical Malpractice Defense Verdict Due To Inadmissible Other Acts Evidence

June 19, 2018

The Court of Appeals of Ohio Sixth Appellate District Lucas County (“Ohio Appellate Court”) held in its Decision and Judgment dated May 25, 2018, in an Ohio shoulder dystocia brachial plexus birth injury medical malpractice case, that the trial court “abused its discretion in admit[...]

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Pennsylvania Appellate Court Orders New Medical Malpractice Trial Where Judge Did Not Personally Observe Voir Dire

June 18, 2018

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) held in its May 14, 2018 decision that the medical malpractice plaintiff was entitled to a new trial because “[a] judge personally witnessing the original voir dire is essential, because it justifies our — and a [...]

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New York Appellate Court Reverses Summary Judgment For Hospital On Vicarious Liability Claim In Medical Malpractice Case

June 17, 2018

The Supreme Court of the State of New York Appellate Division, Second Judicial Department (“New York Appellate Court”) in its May 16, 2018 Decision & Order reversed summary judment granted to the defendant hospital in a New York medical malpractice case in which the plaintiff conten[...]

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Arizona Supreme Court Holds Statute Prohibiting Medical Marijuana On College Campuses Unconstitutional

June 16, 2018

The Supreme Court of the State of Arizona (“Arizona Supreme Court”) held in its opinion filed on May 23, 2018 that the 2012 Arizona statute that provides that “a person, including [a qualified AMMA cardholder], may not lawfully possess or use marijuana on the campus of any public u[...]

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Texas Supreme Court Reverses $1.9M Medical Malpractice Verdict Where Inexperienced Resident Injured Patient During Surgery

June 15, 2018

The Supreme Court of Texas (“Texas Supreme Court”) issued an opinion on May 25, 2018 that overturned a $1.9 million Texas medical malpractice verdict because the issues of whether the defendant attending surgeon was negligent in involving and supervising an inexperienced resident surgeon[...]

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California Medical Malpractice Defense Verdict For Failure To Perform Timely Cesarean Delivery Of Distressed Baby

June 14, 2018

A California medical malpractice jury returned a defense verdict on May 25, 2018 in a California birth injury medical malpractice case where the parents-to-be claimed that two doctors delivering their full-term baby failed to timely perform a Cesarean section delivery after the fetal heart monitorin[...]

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Recent New York Times Article Highlights Problems Following LASIK Surgery

June 13, 2018

The New York Times published an article on June 11, 2018 entitled “Lasik’s Risks Are Coming Into Sharper Focus – Some patients who undergo the eye surgery report a variety of side effects. They may persist for years, studies show,” which highlights the problems too many LASIK pat[...]

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New Jersey Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement Based On Equitable Estoppel

June 12, 2018

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) refused to enforce an arbitration agreement in a New Jersey nursing home wrongful death action. In its unpublished opinion filed on May 21, 2018, the New Jersey Appellate Court held that there is no eviden[...]

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98-Year-Old Florida Nursing Home Resident Died After Being Left Outside In The Sun

June 11, 2018

A 98-year-old Florida nursing home resident who was outside in the hot sun for an unknown period of time on May 27, 2018 was found unresponsive with a temperature of 103.2 degrees. She died two weeks later in the hospital from hyperthermia caused by exposure to the sun. An investigation by the Flori[...]

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