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Pennsylvania Appellate Court Affirms Medical Malpractice Defense Verdict Despite Defendant’s Refreshed Recollection At Trial

February 4, 2017

In an unpublished opinion of the Superior Court of Pennsylvania (“Appellate Court”) dated January 24, 2017, the Appellate Court affirmed the Pennsylvania medical malpractice jury’s verdict in favor of the defendant emergency room physician, finding that the defendant’s refres[...]

Neurosurgeon Sentenced To 235 Months In Prison For Health Care Fraud

February 3, 2017

The U.S. Attorney for the Eastern District of Michigan announced on January 10, 2017 that a Detroit-area neurosurgeon was sentenced to 235 months in prison for his role in a $2.8 million health care fraud scheme in which he caused serious bodily harm to patients by performing unnecessary invasive s[...]

Georgia Appellate Court Overturns Summary Judgment In Favor Of Nursing Home

February 2, 2017

In its decision filed on January 18, 2017, the Court of Appeals of Georgia (“Appellate Court”) held that the trial court had erroneously entered judgment in favor of the defendant nursing home and the defendant nursing home physician in a Georgia nursing home negligence lawsuit that all[...]

Pennsylvania Appellate Court Allows Mental Health Malpractice Case To Proceed

February 1, 2017

In its decision filed on January 17, 2017, the Superior Court of Pennsylvania held that the trial court erred in dismissing the plaintiff’s mental health medical malpractice case, finding that the plaintiff had sufficiently pled gross negligence in her Pennsylvania mental health malpractice co[...]

Florida Appellate Court Overturns Plaintiff’s Medical Malpractice Verdict

January 31, 2017

In its opinion filed on January 20, 2017, the District Court of Appeal of the State of Florida Fifth District (“Appellate Court”) overturned a medical malpractice jury’s verdict in favor of the plaintiff, finding that the plaintiff had wrongfully failed to disclose certain opinions[...]

North Carolina Supreme Court Determines Patient’s Arbitration Agreement With Surgeon Was Unenforceable Due To Breach Of Fiduciary Duty

January 30, 2017

In its opinion filed on January 27, 2017, the Supreme Court of North Carolina (“North Carolina Supreme Court”) held that an arbitration agreement provided by a surgeon to a new patient who signed it two weeks before his surgery was unenforceable due to the surgeon’s breach of fi[...]

Missouri Medical Malpractice Case Alleges ER Misdiagnosis Led To Quadriplegia

January 29, 2017

A Missouri medical malpractice case has been filed on behalf of a man and his wife, alleging that the defendant hospital and defendant physician negligently failed to properly diagnose the man when he was treated in the defendant hospital’s emergency room, which resulted in him developing perm[...]

Florida Supreme Court Discusses Foreign Body Presumption In Medical Malpractice Cases

January 28, 2017

In its opinion filed on January 26, 2017, the Supreme Court of Florida (“Florida Supreme Court”) held that the foreign-body presumption of negligence set forth in section 766.102(3)(b) is mandatory when a foreign body is found inside the patient’s body, regardless of whether direct ev[...]

Illinois Appellate Court Affirms Defense Verdict In Pacemaker Replacement Surgery Claim

January 27, 2017

The Appellate Court of Illinois, First Judicial District (“Appellate Court”) affirmed a defense verdict in an Illinois medical malpractice case in its opinion filed on December 2, 2016. The parents of a minor child who died following her pacemaker replacement surgery at the defendant hos[...]

New York Appellate Court Reverses Judgment

January 26, 2017

In its decision filed on January 12, 2017, the New York Appellate Division, First Department (“Appellate Court”) decided that the New York medical malpractice plaintiff’s expert’s affidavit raised a material issue of fact as to whether the defendant physician and defendant ho[...]

$1M Maryland Medical Malpractice Verdict For Loss Of Eye

January 25, 2017

On December 3, 2016, a Montgomery County, Maryland medical malpractice jury returned its verdict in favor of a man and his wife for the man’s loss of sight in his left eye following surgery to address a detached retina. The plaintiffs alleged in their Maryland medical malpractice complaint tha[...]

Texas And U.S. Receive $8.45M To Settle Dental Fraud Allegations

January 24, 2017

On January 9, 2017, the U.S. Attorney’s Office for the Northern District of Texas announced that Texas-based MB2 Dental Solutions (MB2) and 21 pediatric dental practices affiliated with MB2, along with their owners and marketing chief, have agreed to pay the United States and the State of Texas[...]

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