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Florida Supreme Court: Medical Malpractice Cap Does Not Apply Retroactively

May 24, 2015

In its decision dated May 21, 2015, the Supreme Court of Florida (“Florida Supreme Court”) held that Florida’s cap on noneconomic damages in Florida medical malpractice cases does not apply to a cause of action that arose before the cap became effective on September 15, 2013. The[...]

Indiana Nursing Home Resident Died With Objects Down His Throat And Up His Rectum

May 23, 2015

On May 14, 2015, a 72-year-old resident of an Indiana nursing home was found unresponsive in the nursing home dining room and later died at a local hospital. The mentally ill resident was found to have latex gloves shoved down his throat and eyeglasses and a toothbrush jammed up his rectum. The dea[...]

$7.65M Maine Medical Malpractice Verdict For Missed Cancer Diagnosis

May 22, 2015

On May 19, 2015, a Maine medical malpractice jury found in favor of the husband and wife plaintiffs and against the defendant hospital, determining that the 63-year-old wife was entitled to $5.65 million in damages for her cancer misdiagnosis (the failure to timely diagnose cervical cancer) and th[...]

New Analysis Of CMS’ Nursing Home Compare Website Data

May 21, 2015

There are over 15,500 nursing homes in the United States that are certified to provide care to Medicare or Medicaid beneficiaries (92% of the nursing homes are certified by both), which provide care for approximately 1.3 million residents every day. Seventy-percent of those nursing homes are for-p[...]

$23M Florida Medical Malpractice Verdict For Birth Injury

May 20, 2015

On April 24, 2015, after a three-week trial, a Florida medical malpractice jury in Charlotte County awarded the plaintiff $23 million for the severe and permanent brain injury suffered by her newborn baby girl, who was born extremely premature. The child suffered cerebral palsy as a result of her b[...]

$430,000 New York Dental Malpractice Verdict Set Aside On Appeal

May 19, 2015

By its decision rendered on May 6, 2015, the Supreme Court of the State of New York Appellate Division: Second Judicial Department (“Appellate Court”) reversed a jury’s verdict in the amount of $430,000 in favor of a dental patient in a New York dental malpractice case, finding tha[...]

Phoenix VA Medical Center Sued For Cancer Misdiagnosis Leading To Suicide

May 18, 2015

A federal medical malpractice wrongful death case involving the Phoenix VA Medical Center was filed on April 30, 2015 by the widow of an Army veteran who committed suicide three days after being advised that his colon cancer had metastasized to his lungs and that his condition was terminal. The da[...]

Alabama Federal Lawsuit Claims Zofran Caused Child’s Birth Defects

May 17, 2015

A defective drug lawsuit filed on April 1, 2015 in federal court in Alabama claims that a child’s multiple birth defects were caused by his mother’s use of Zofran during her pregnancy, which was prescribed by her doctor to treat her nausea during her pregnancy. Zofran, a prescriptio[...]

$21M Michigan Medical Malpractice Verdict For Wrong Patient Brain Surgery

May 16, 2015

On May 6, 2015, a Michigan medical malpractice jury awarded $21 million for the unnecessary brain surgery performed on an 81-year-old woman who was scheduled for jaw surgery but had brain surgery because of a mix-up regarding her radiology films. The woman lived for only 60 days after the wrong surg[...]

65% Of U.S. Cancer Patients Survive At Least 5 Years

May 15, 2015

A recent analysis by the U.S. Centers for Disease Control and Prevention (CDC) found the 65% of patients in the United States who have cancer survive at least five years after diagnosis. National health goals in the United States include a goal of 71.1% for 5-year cancer survival rates after initial[...]

Connecticut Birth Injury Claim Settled For $3M

May 14, 2015

Late last month a 26-year-old woman and the State of Connecticut reached a medical malpractice settlement with regard to the alleged medical negligence that occurred during the labor and delivery of the plaintiff’s child in a Connecticut-operated hospital that led to the baby suffering a stro[...]

Baltimore Doctor Sues Former Patient For Bad Review

May 13, 2015

A Baltimore doctor who operates a skin care clinic in Baltimore County, Maryland has filed a defamation lawsuit seeking compensatory damages in excess of $75,000 and punitive damages in the amount of $1 million against a former patient who wrote a negative review of him and his clinic and poste[...]

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