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Daily Blogs

Kentucky Appellate Court Reverses Medical Malpractice Defense Verdict Where Critical Medical Record Not Produced Until Shortly Before Trial

January 17, 2018

The Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) held in its opinion filed on January 5, 2018 that the trial judge had abused his discretion in dealing with the defense’s late production of relevant medical records and in denying the plaintiff’s moti[...]

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Iowa Patient Safety Study Reports On Iowans’ Views On Medical Errors

January 16, 2018

The Heartland Health Research Institute published in December 2017 the results of its Iowa Patient Safety Study that consisted of approximately 115 questions asked of randomly-selected Iowans about their views and experiences while interacting with Iowa healthcare providers. The study, entitled R[...]

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Failure Of Multiple Utah Medical Facilities To Report Nurse’s Sexual Assaults Over 10 Year Period Resulted In 12 Victims

January 15, 2018

A Utah nurse who has allegedly sexually assaulted at least 12 women at four different Utah medical facilities over the period of ten years could have been stopped if they had properly reported his misconduct to the appropriate authorities, according to one victim’s Utah medical malpractice law[...]

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Confidential Medical Malpractice Settlement Agreements Harm Patient Safety – Part One

January 14, 2018

Too often victims of medical malpractice are required by negligent medical providers and their medical malpractice insurance companies to agree to sign confidentiality agreements (a/k/a non-disclosure agreements, or NDAs) in which they agree to keep silent and not discuss with anyone their underlyin[...]

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Baltimore County, Maryland Announces Plans To Sue Opioid Manufacturers and Distributors

January 13, 2018

Baltimore County Executive Kevin Kamenetz announced on January 8, 2018 that Baltimore County, Maryland intends to file a lawsuit in federal court in Baltimore against pharmaceutical companies that manufacture opioids and distribute opioids, seeking monetary damages incurred by Baltimore County in ad[...]

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California Appellate Court Finds Pharmaceutical Company Not Liable For Physician’s Malpractice In Drug Trial

January 12, 2018

The Court of Appeal of the State of California Second District Division Five (“California Appellate Court”) held in its unpublished opinion filed on January 3, 2018 that a pharmaceutical company conducting a trial of a new drug owed no duty to a study participant to intervene in his medi[...]

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Brazilian Butt Lift Performed In Florida Storefront Clinic Claims Another Life

January 11, 2018

Some women seeking enhancements of their buttocks are flocking to storefront clinics in the Miami-Dade area of Florida that advertise reduced-price Brazilian butt lifts (fat grafting to the buttocks), in which a metal rod is thrust repeatedly in and out of the body through a surgical incision in ord[...]

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Ohio Appellate Court Applies Statute Of Repose To Dismiss Eight Medical Claims Against Former Spine Surgeon

January 10, 2018

The Ohio First District Court of Appeals (“Ohio Appellate Court”) held in its opinion filed on December 27, 2017 in eight consolidated cases on appeal that the Ohio statute of repose for medical claims was not unconstitutional and that the plaintiffs’ claims against a former spine [...]

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Illinois Appellate Court Discusses Personal Practice Testimony In Medical Malpractice Cases

January 9, 2018

The Appellate Court of Illinois Second District (“Illinois Appellate Court”) held in an opinion filed on December 29, 2017 that the trial court had inappropriately allowed evidence during an Illinois medical malpractice trial that the plaintiff’s expert had himself caused injury to[...]

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Maryland Hospital Faces Class Action Lawsuit Filed By Patients Of OB-GYN Who Used Fake Name

January 8, 2018

A Maryland hospital has been sued in a class-action lawsuit filed on behalf of more than 100 women who were patients of an OB-GYN at the hospital who used a fake name to obtain hospital privileges and to treat patients that included gynecological examinations and delivering babies. The plaintiffs al[...]

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Nevada Supreme Court Rules Hospital May Be Liable For Physician’s Medical Negligence Under Theory Of Ostensible Agency

January 7, 2018

The Supreme Court of the State of Nevada (“Nevada Supreme Court”) held in its opinion filed on December 28, 2017 that while the general rule of vicarious liability is that an employer is liable for the negligence of its employee but not the negligence of an independent contractor, an exc[...]

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$26M Georgia Medical Malpractice Verdict Against Hospital For Patient’s Severe Brain Injury

January 6, 2018

A Georgia medical malpractice jury returned its verdict in the amount of $26 million against the defendant hospital on December 11, 2017 for the severe and permanent brain injury suffered by the plaintiff as a result of respiratory collapse that was allegedly due to the medical negligence of a physi[...]

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