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California Appellate Court Refuses To Enforce Arbitration Of Nursing Home Claims

March 18, 2018

In its decision filed on February 26, 2018, the Court of Appeal of the State of California Fourth Appellate District Division Three (“California Appellate Court”) affirmed the order of the trial court that denied the defendant nursing home’s petition to compel arbitration as to the[...]

Neurosurgeon In Kenya Operated On Brain Of Wrong Patient

March 17, 2018

Wrong patient surgery or wrong site surgery doesn’t just occur (rarely) in the United States. A neurosurgeon in Kenya recently operated on the brain of the wrong patient and the error was not discovered until more than two hours into the delicate operation, when the neurosurgeon was unable to [...]

New Jersey Orthopedic Surgeon Barred From Prescribing Opioids

March 16, 2018

A New Jersey orthopedic surgeon has been temporarily barred from prescribing controlled dangerous substances (CDS) based on allegations he prescribed high dosages of addictive opioid painkillers to his patients for years without a legitimate medical purpose, often while turning a blind eye to signs [...]

Two California Doctors Charged With Fraud Involving Lap Band Surgeries

March 15, 2018

The Department of Justice U.S. Attorney’s Office Central District of California announced on February 28, 2018 that two California doctors, one of whom had his medical license revoked in 2009, have been arrested pursuant to a federal indictment charging them with mail fraud, wire fraud, false stat[...]

South Carolina Supreme Court Holds Affidavit From Expert In Related Field Sufficient In Medical Malpractice Case

March 14, 2018

The South Carolina Supreme Court held in its decision issued on February 28, 2018 that the South Carolina medical malpractice plaintiff’s expert affidavit from a doctor who is not certified in or does not practice in the same area of medicine as the defendant doctor, but otherwise possesses sp[...]

New Jersey Appellate Court Finds No Extraordinary Circumstances To Excuse Failure To File Affidavit Of Merit In Prison Medical Malpractice Case

March 13, 2018

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in its opinion approved for publication on February 27, 2018 that the failure of the plaintiffs’ original New Jersey medical malpractice attorney to file the required Affidavit of Merit (AOM) in[...]

Virginia Supreme Court Overturns Medical Malpractice Verdict For Plaintiff For Failure To Prove Causation

March 12, 2018

In its opinion filed on February 22, 2018, the Supreme Court of Virginia (“Virginia Supreme Court”) overturned the $652,000 jury award in favor of the plaintiff in a Virginia medical malpractice case, holding that the circuit court erred in denying the defendant surgeon’s motion to[...]

Ohio Appellate Court Refuses To Enforce Arbitration In Medical Malpractice Case

March 11, 2018

The Court of Appeals of Ohio Third Appellate District Allen County (“Ohio Appellate Court”), in its decision filed on February 20, 2018, held that the defendant hospital in an Ohio medical malpractice case had waived its right to arbitrate the plaintiff’s medical malpractice claims[...]

Massachusetts Appellate Court Affirms That Medical Malpractice Complaint Was Filed Too Late

March 10, 2018

On February 21, 2018, the Commonwealth of Massachusetts Appeals Court (“Massachusetts Appellate Court”) affirmed summary judgment for the defendant in a Massachusetts medical malpractice case in which the plaintiff alleged that the defendant surgeon was negligent in performing her abdomi[...]

Washington Appellate Court Allows Prior Drug Use Testimony In Medical Malpractice Case

March 9, 2018

The Court of Appeals of the State of Washington (“Washington Appellate Court”) held in its unpublished opinion filed on February 20, 2018 in a Washington medical malpractice wrongful death case that testimony regarding the decedent’s prior drug use was properly admitted into eviden[...]

Large Health Insurer Announces It Will Not Pay For Anesthesia Services For Many Cataract Surgeries

March 8, 2018

Anthem, Inc. (“Anthem”) is one of the largest health benefits companies in the United States. Anthem is an independent licensee of the Blue Cross and Blue Shield Association serving members in California, Colorado, Connecticut, Georgia, Indiana, Kentucky, Maine, Missouri, Nevada, New Ham[...]

Our 7th Anniversary Of Posting Daily Medical Malpractice Blogs

March 7, 2018

On March 5, 2018, medicalmalpracticelawyers.com celebrated its seventh anniversary of posting daily medical malpractice blogs. Each of our over 2,500 consecutive daily blog postings can be searched by word or phrase. medicalmalpracticelawyers.com states on its website: “Medical malpractice law[...]

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