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Maryland Appellate Court Rejects Hospital Liability For Apparent Agency In Medical Malpractice Case

April 5, 2017

In its unreported opinion filed on March 21, 2017, the Court of Special Appeals of Maryland (“Maryland Appellate Court”) rejected the Maryland medical malpractice plaintiff’s argument that two of the named defendants could be held liable for the death of the decedent (one defendant[...]

Kentucky Appellate Court Affirms Dismissal Of Medical Malpractice Case That Named Wrong Defendant

April 4, 2017

In its unpublished opinion rendered on March 3, 2017, the Commonwealth of Kentucky Court of Appeals (“Appellate Court”) affirmed the dismissal of the plaintiff’s medical malpractice case, finding that the plaintiff could not meet the requirement of mistaken identity of the proper[...]

$2.5M New York Medical Malpractice Verdict For Intestinal Perforation During EDG

April 3, 2017

On March 7, 2017, a New York medical malpractice jury returned its verdict in favor of a 57-year-old woman in the amount of $2.5 million ($1.5 million for past pain and suffering and an additional $1 million for future pain and suffering) against the defendant gastroenterologist for the intestinal p[...]

$450K Texas Nursing Home Verdict For Untreated Toe Infection Leading To Death

April 2, 2017

A Texas nursing home negligence jury returned its verdict in the amount of $450,000 in favor of the son of a former resident whose death the jury determined was caused by the negligent failure of the defendant nursing home to properly diagnose and treat the 79-year-old diabetic resident’s big [...]

Connecticut Federal Judge Says Allowing Patient To Fall Off Operating Room Table Is Ordinary Negligence

April 1, 2017

On March 7, 2017, a federal judge in Connecticut held that allowing a patient to fall off of an operating room table was ordinary negligence and not medical negligence because preventing that patient from falling off the operating room table was not something that required any medical training at a[...]

Louisiana Supreme Court Says Trial Court Did Not Abuse Its Discretion In Granting New Trial To Medical Malpractice Plaintiffs

March 31, 2017

In its opinion filed on March 15, 2017, the Supreme Court of Louisiana (“Louisiana Supreme Court”) affirmed the trial court’s granting a new trial to the Louisiana medical malpractice plaintiffs after the jury had rendered a defense verdict, finding that the trial court had not a[...]

Medical Malpractice Claims Paid On Behalf Of U.S. Physicians Declined By 55.7%

March 30, 2017

A study published online on March 27, 2017 in the respected medical journal JAMA Internal Medicine found that medical malpractice claims paid on behalf of physicians in the United States fell by 55.7% from 1992 to 2014. However, the mean compensation amounts paid for physician medical malpractice cl[...]

Is A Nursing Home’s Promise To Provide Proper Care For Residents “Puffery”?

March 29, 2017

The Commonwealth of Pennsylvania (“Commonwealth”) filed a Complaint against Golden Gate National Senior Care, LLC (“Golden Gate”) asserting claims of: (1) Unfair Trade Practices and Consumer Protection Law (UTPCPL) violations (seeking injunctive relief, restoration and civil[...]

Former Texas Neurosurgeon Sentenced To Life In Prison For Intentionally Harming Patients

March 28, 2017

A former Texas neurosurgeon was sentenced to life in prison by a Dallas jury that deliberated his sentence for only one hour after he was found guilty on February 14, 2017 of intentionally causing serious bodily harm to an elderly patient on whom he performed spinal surgery in 2012 that left the [...]

Georgia Supreme Court Nixes Claim For Mishandling Of Stillborn’s Remains

March 27, 2017

The Supreme Court of Georgia (“Georgia Supreme Court”) held in a case decided on March 6, 2017 that the plaintiff was not entitled to recover for negligent mishandling of the remains of her stillborn baby because of Georgia’s physical impact rule limiting liability for emotional distre[...]

$13.75M South Carolina Medical Malpractice Verdict For Triple Amputations

March 26, 2017

A 54-year-old South Carolina woman obtained a $13.75 million verdict on February 28, 2017 that was rendered by a South Carolina medical malpractice jury that included $10 million in economic damages and $3.75 million for her noneconomic losses as a result of having both of her legs amputated above t[...]

Georgia Gynecologist Indicted For Running Pill Mill, Money Laundering

March 25, 2017

The U.S. Attorney’s Office for the Southern District of Georgia announced on March 7, 2017 that a 58-year-old Georgia gynecologist has been changed in a 176-count indictment with running a pill mill and with money laundering. If convicted of the criminal charges filed against him, the Georgia [...]

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