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Indiana Birth Injury Case Is An Example Of Unfair Damages Caps

February 12, 2016

An Indiana couple were excitedly looking forward to the birth of their daughter in 2003 when the mother-to-be had a fetal blood sampling procedure conducted that they allege was negligently performed and led to the premature birth of their daughter at 33 weeks. The premature birth led to their daugh[...]

Surgery Performed On Wrong Baby

February 11, 2016

A Tennessee couple are living through a nightmare situation after having given birth to a healthy baby boy in a Tennessee hospital. While in the hospital nursery, shortly after birth, the baby was mistaken for another newborn in the hospital nursery and was removed from the nursery for a frenoto[...]

Man Who Contracted Mold Infection In Pennsylvania Hospital Has Died

February 10, 2016

A 70-year-old transplant patient who had contracted a fungal infection from mold while he was a patient in a Pennsylvania hospital has died. The man, who was the fourth patient to have become infected with mold last year while a patient at University of Pittsburgh Medical Center (“UPMCR[...]

Florida Woman Died After Hospital Called Police To Remove Her From The ER

February 9, 2016

On December 21, 2015, a 57-year-old Florida woman went to the local hospital emergency room, complaining of abdominal pain. When the hospital staff attempted to discharge her from the ER, she complained that she was having trouble breathing. Instead of evaluating the woman’s breathing compla[...]

Illinois $4.7M Medical Malpractice Verdict Upheld On Appeal Based On Apparent Agency

February 8, 2016

By its decision filed on December 31, 2015, the Appellate Court of Illinois First Judicial Circuit Second District (“Appellate Court”) upheld the $4.7 million verdict against the defendant hospital despite the defendant hospital arguing that it could not be held liable for the alleged me[...]

$30M Massachusetts Medical Malpractice Verdict For Neurological Birth Injury

February 7, 2016

On February 5, 2016, a Massachusetts medical malpractice jury returned its verdict in favor of a now 11-year-old child who was born with catastrophic neurological injuries that the jury found was due to the defendant attending physician’s medical negligence during labor and delivery. The Massa[...]

Successful Florida Medical Malpractice Plaintiff Not Entitled To Her Attorney Fees

February 6, 2016

In its opinion filed on January 15, 2016, the District Court of Appeal First District, State of Florida (“First District”) held that the successful medical malpractice plaintiff’s attempt to recover her attorney fees under section 768.79, Florida Statutes (2011), and Florida Rule [...]

Communication Failures In Medical Malpractice Cases

February 5, 2016

A recent report regarding communication failures that contribute to medical malpractice claims found that a communication failure was a factor in 7,149 (30%) of the 23,685 medical malpractice cases filed in the United States from 2009 to 2013, representing $1.7 billion in incurred losses. Of the 7,1[...]

$6.9M South Carolina Medical Malpractice Verdict For Misread Mammogram

February 4, 2016

A South Carolina medical malpractice jury has awarded $6.2 million to a woman whose suspicious mammogram was read as normal and who was later diagnosed with advanced breast cancer. The jury also awarded the woman’s husband $700,000 for his loss of consortium claim. The South Carolina medical m[...]

Indiana Appellate Court Affirms Summary Judgment For Medical Malpractice Plaintiffs

February 3, 2016

In its opinion filed on February 1, 2016, the Court of Appeals of Indiana (“Appellate Court”) affirmed the trial court’s granting summary judgment in favor of the Indiana medical malpractice plaintiffs, while also affirming the trial court’s denial of the medical malpractice [...]

Methodology Of Recent Medical Malpractice Study Questioned

February 2, 2016

We discussed in our January 28, 2016 blog posting that a study published in The New England Journal of Medicine on January 28, 2016 reported that 1% of physicians were responsible for 32% of the paid medical malpractice claims in the United States over the ten-year period that was analyzed by the [...]

Maryland No–Fault Birth Injury Fund Proposal Filed Again In 2016

February 1, 2016

Maryland state legislators have introduced a bill in the Maryland General Assembly (House Bill 377) during the current 2016 Session to establish the so-called Maryland No–Fault Birth Injury Fund (“Fund”), despite unsuccessful legislative attempts in the past to restrict the rights of [...]

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