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Georgia Supreme Court Discusses Ex Parte Communication With The Jury And Spoliation In Medical Malpractice Cases

July 11, 2015

In its June 29, 2015 decision, the Supreme Court of Georgia discussed the effect of a judge’s communication with a medical malpractice jury without the parties or their attorneys being present, and whether a spoliation instruction was appropriate where the defendant hospital had destroyed pote[...]

$270K California Medical Malpractice Verdict For Death Following Fall From Hospital Bed

July 10, 2015

The family of a 90-year-old woman who had fallen from her hospital bed while an inpatient in a California hospital in 2012 and suffered a fractured skull, bleeding in her brain, and a mid-shaft displaced and comminuted fracture of her femur as a result, filed a California medical malpractice wro[...]

$4.2M Connecticut Medical Malpractice Verdict For Shoulder Injury

July 9, 2015

On July 1, 2015, after a two-and-a-half week medical malpractice jury trial in the Superior Court in Connecticut, the six-person jury awarded the 58-year-old plaintiff $4.2 million against the defendant surgeon and other defendants for the permanent, debilitating injuries he suffered as a result of [...]

Today’s 1,600th Consecutive Daily Blog Posting

July 8, 2015

Today’s blog posting is our 1,600th consecutive daily posting. In reflecting back on our previous 1,599 medical malpractice lawyers’ blog postings, we note several underlying trends: Medical Malpractice Lawyers Are The Dedicated Warriors For Medical Malpractice Victims We have reported[...]

California Superior Court Decision Protects Unrepresented Nursing Home Residents

July 7, 2015

In a written opinion filed on June 24, 2015, the Superior Court of the State of California County of Alameda (“Superior Court”) determined that a California law that nursing homes had been using since 1992 to justify making unilateral decisions regarding medical care and treatment pro[...]

Florida Appellate Court Approves Limit On Number Of Medical Malpractice Experts Testifying At Trial

July 6, 2015

In its opinion filed on June 26, 2015, the District Court of Appeal of the State of Florida Fifth District (“Appellate Court”) “receded” from its decision in a prior case that had held that with only very broad [sic] limits, all qualified expert opinion testimony in a medic[...]

$4.4M Maryland Verdict For ICU Doctor Who Fractured His Wrist Due To Fall At Work

July 5, 2015

A Maryland critical care physician who worked in a hospital intensive care unit received a verdict in the amount of nearly $4.4 million on June 24, 2015, after a six-day trial, that includes $560,956 for past lost wages, $3,744,820 for future lost wages, $39,410.92 for past medical expenses, and [...]

July 4th Reminds Us That Many Medical Malpractice Victims Cannot Obtain Justice And Equality

July 4, 2015

July 4th, Independence Day in the United States, is the national holiday when we celebrate the birth of the United States and our precious Declaration of Independence. The Declaration of Independence states, in part: “We hold these truths to be self-evident, that all men are created equal, [...]

Florida Appellate Court Holds Cap On Noneconomic Damages Unconstitutional In Medical Malpractice Cases

July 3, 2015

In its opinion filed on July 1, 2015, the District Court of Appeal of the State of Florida Fourth District (“Appellate Court”) held that the caps on noneconomic damage awards in personal injury medical malpractice cases are unconstitutional, extending a prior Florida Supreme Court cas[...]

West Virginia Supreme Court Upholds Punitive Damages Award In Medical Malpractice Case

July 2, 2015

In its wide-ranging opinion filed on June 16, 2015, the Supreme Court of Appeals of West Virginia (“West Virginia Supreme Court”) upheld and affirmed a West Virginia medical malpractice jury’s verdict in favor of the plaintiff that included an award of punitive damages in the a[...]

$3M Connecticut Medical Malpractice Verdict Against Cardiologist

July 1, 2015

On June 24, 2015, a Connecticut medical malpractice jury found in favor of the medical malpractice plaintiff and against a primary care physician and a cardiologist, awarding $3 million in compensatory damages. The Connecticut medical malpractice trial lasted six days and the jury deliberated for [...]

Misdiagnosis Of Ectopic Pregnancy

June 30, 2015

An ectopic pregnancy is a life-threatening condition in which the pregnancy occurs outside of the uterus (the womb). In a normal pregnancy, the fertilized egg travels through the fallopian tube to the uterus. However, if the movement of the egg is slowed or blocked through the fallopian tube, an e[...]

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