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Daily Blogs

Arkansas Appellate Court Discusses Spoliation Of Medical Records In Medical Malpractice Case

February 22, 2018

The Court of Appeals of Arkansas, Division II (“Arkansas Appellate Court”) in its opinion filed on October 25, 2017 discussed the duty to preserve medical records and the issue of spoliation of medical records in an Arkansas medical malpractice case. Duty To Preserve Under Ark. R. Civ. P[...]

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Human Rights Watch Reports Too Many Nursing Home Residents Inappropriately Given Antipsychotic Medications

February 21, 2018

Human Rights Watch, a nonprofit, nongovernmental human rights organization established in 1978 that defends the rights of people worldwide and publishes more than 100 reports and briefings on human rights conditions in some 90 countries each year, published a report on February 5, 2018 entitled R[...]

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$13.16M California Medical Malpractice Verdict For Brain Damage Suffered During Endoscopy

February 20, 2018

A California medical malpractice jury returned its verdict in the amount of $13.16 million late last week in favor of a young woman who suffered a brain injury during an endoscopy procedure due to her blood pressure being dangerously low during the procedure. The $5 million that the California jury [...]

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Massachusetts Appellate Court Finds Medical Malpractice Plaintiff’s Offer Of Proof Sufficient

February 19, 2018

The Commonwealth of Massachusetts Appeals Court (“Massachusetts Appellate Court”) held in its unpublished opinion filed on February 6, 2018 that the plaintiff’s offer of proof in a Massachusetts medical malpractice case was sufficient to raise a legitimate question appropriate for [...]

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Maryland Judge Awards $2.5M In Punitive Damages To Doctor Intentionally Humiliated By Maryland Board Of Physicians

February 18, 2018

A Maryland Circuit Court judge awarded $2.5 million in punitive damages against certain defendants whom the judge found by clear and convincing evidence had acted with actual malice toward the plaintiff doctor and his family members with regard to an order of the Maryland Board of Physicians (“[...]

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Maryland Appellate Court Affirms Dental Board’s Revocation Of Dentist’s License

February 17, 2018

In its January 24, 2018 unreported opinion, the Court of Special Appeals of Maryland (“Maryland Appellate Court”), which is Maryland’s intermediate appellate court, held that the Maryland State Board of Dental Examiners (“Board”) had the authority to sanction violation [...]

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Minnesota Nursing Home Cited For Neglect In Resident’s Oxycodone Overdose Death

February 16, 2018

A Minnesota nursing home was cited with neglect in the death of a resident in his mid-50s who had been admitted to the Minnesota nursing home for short-term rehabilitation with diagnoses of cancer, chronic pain, and chronic obstructive pulmonary disease. His physician ordered liquid oxycodone with i[...]

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$645K Maryland Medical Malpractice Verdict For Death Following Elective Back Surgery

February 15, 2018

On January 12, 2018, a Maryland medical malpractice jury returned its verdict in favor of the plaintiffs in a Maryland medical malpractice lawsuit that alleged that a 64-year-old man died from heart complications following elective back surgery in October 2013 that was intended to address an injury [...]

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$43M Texas Medical Malpractice Verdict Against Hospital And Its Doctor On Probation

February 14, 2018

A Texas medical malpractice jury awarded $43.32 million against a hospital and a doctor at the hospital who had been placed on probation by the Texas Medical Board, because the doctor allegedly misdiagnosed and mistreated a hospital patient, causing the plaintiff to suffer severe harm. The Texas med[...]

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Oregon Medical Malpractice Defense Verdict For Baby Born With Herpes

February 13, 2018

On January 29, 2018, an Oregon medical malpractice jury found in favor of the defendant OB/GYN in a medical malpractice case in which the 25-year-old plaintiff alleged that the defendant OB/GYN was medically negligent in failing to order a test for herpes when the pregnant woman was examined by the [...]

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$8.5M New Jersey Medical Malpractice Verdict For Wrongful Removal Of Thyroid Gland

February 12, 2018

On January 17, 2018, a New Jersey medical malpractice jury returned its verdict in the amount of $8.5 million in favor of the plaintiff involving a claim that the defendant surgeon performed unnecessary thyroid removal surgery on her that left her with permanent injuries. The 18-year-old woman had a[...]

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Baltimore City Is Latest Jurisdiction To Sue Opioid Manufacturers And Distributors

February 11, 2018

On January 31, 2018, the City of Baltimore filed a 105-page lawsuit against manufacturers, distributors and others who are alleged to be responsible for numerous injuries and damages to Baltimore City caused by fraudulent and reckless marketing of opioids. Baltimore’s opioid lawsuit alleges th[...]

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