Blog - Page 282 of 492 - Medical Malpractice Lawyers

Florida Supreme Court Holds LMHS Lien Law Unconstitutional

January 5, 2018

In its opinion filed on December 20, 2018, the Supreme Court of Florida (“Florida Supreme Court”) held that the LMHS Lien Law is a special law pertaining to creation, enforcement, extension or impairment of liens, and since those liens are based on a private contracts for the receipt of [...]

Iowa Appellate Court Affirms Summary Judgment In Penis Injury Malpractice Case

January 5, 2018

On December 20, 2017, the Court of Appeals of Iowa (“Iowa Appellate Court”) affirmed summary judgment in favor of the defendant hospital in an Iowa medical malpractice case in which the plaintiff claimed that a nurse’s insertion of an indwelling catheter led to the subsequent erosion o[...]

Illinois Supreme Court Refuses To Extend Apparent Authority Liability To Unrelated, Independent Medical Clinics

January 4, 2018

In a case decided by the Supreme Court of the State of Illinois (“Illinois Supreme Court”) on December 29, 2017, the Illinois Supreme Court held: “We refuse … to impose vicarious liability under the doctrine of apparent authority on a hospital for the care given by employees [...]

California Medical Malpractice Lawsuit Claims Forceps Left In Patient During Surgery

January 3, 2018

A California woman has filed a medical malpractice case in California in which she alleges that surgical forceps were left in her abdomen during an exploratory laparotomy in April 2017, resulting in the need to have further surgery to remove the 8-inch long surgical instrument and 18 inches of her s[...]

Study Shows Nursing Home Residents Suffer Infections While Their Caregivers Often Escape Responsibility

January 2, 2018

A study conducted by the Kaiser Health News, which is a nonprofit news service focused on health issues that is not affiliated with Kaiser Permanente, found that 74% of nursing homes in the United States have been cited for lapses in infection control, yet only one in 75 nursing homes that were foun[...]

California Doctor Strikes Back At Nursing Home

January 1, 2018

A California doctor filed a lawsuit against a California nursing home and its employees on December 19, 2017, alleging that they falsified his physician orders and falsified the nursing home medical records for a 67-year-old nursing home resident who died as a result of alleged nursing home negligen[...]

California Supreme Court Holds Brand-Name Drug Manufacturers Can Be Held Liable For Inadequate Labeling By Generic Drug Manufacturers

December 31, 2017

The deeply-divided Supreme Court of California (“California Supreme Court”) held in its opinion filed on December 21, 2017 that “[b]ecause the same warning label must appear on the brand-name drug as well as its generic bioequivalent, a brand-name drug manufacturer owes a duty of r[...]

Tennessee Appellate Court Says Physician’s Handshake May Or May Not Be Medical Care

December 30, 2017

The Court of Appeals of Tennessee at Nashville (“Tennessee Appellate Court”) held in its opinion filed on December 19, 2017 that “[a]ccepting [the plaintiff’s] allegations as true and allowing [the plaintiff] the benefit of all reasonable inferences, we cannot conclude that [[...]

California Appellate Court Affirms Medical Malpractice Plaintiff Failed To Adequately Plead Lack Of Informed Consent

December 29, 2017

The Court of Appeal of the State of California Second Appellate District Division Two (“California Appellate Court”) affirmed summary judgment granted by the trial court to the medical malpractice defendant, in an unpublished opinion filed on December 15, 2017, holding that the Californi[...]

Maryland Appellate Court Affirms Pain Management Physician’s Discipline For Selling CDS Prescriptions in Parking Lots, Restaurants

December 28, 2017

The Court of Special Appeals of Maryland (“Maryland Appellate Court”) held in its unreported opinion filed on December 13, 2017 that “there was substantial evidence to support the Board’s determination that [the pain management physician’s] prescribing practices, including [...]

$11M New Jersey Medical Malpractice Verdict For Leg Amputations

December 27, 2017

On November 28, 2017, a New Jersey medical malpractice jury returned its verdict in the amount of $11.05 million in favor of a man who had to have both of his legs amputated due to the delayed diagnosis and treatment of his circulatory problems that allegedly resulted from the defendants’ medi[...]

New York’s Highest Appellate Court Decides Wrongful Birth Claim Begins To Run At Date Of Birth

December 26, 2017

The New York Court of Appeals, New York’s highest appellate court, held in its opinion filed on December 14, 2017 that the statute of limitations for wrongful birth claims in New York begins to run on the date of birth, and not on the date of the alleged medical negligence. The Court of Appeal[...]

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