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Medical Malpractice Reforms Have Gone Too Far – A Recent Wisconsin Case

October 8, 2014

A Wisconsin trial judge deciding post-trial motions filed by the parties in a Wisconsin medical malpractice case issued his October 3, 2014 Decision and Order finding that Wisconsin’s cap on noneconomic damages in the amount of $750,000 is unconstitutional as it applies to this case, under [...]

Does New York Allow Negligent Physicians To Practice Without Discipline?

October 7, 2014

In a report published in May 2014 by the New York Public Interest Research Group Fund (“NYPIRG,” a nonpartisan, not-for-profit whose mission is to affect policy reforms while training New Yorkers to be citizen advocates) entitled “Questionable Doctors[:] Negligent Doctors And T[...]

Massachusetts Supreme Judicial Court Refuses to Hold Hospital Responsible For Former Employee’s Future Conduct

October 6, 2014

The Supreme Judicial Court of Massachusetts issued its written opinion on October 1, 2014 in a case where it had to decide whether a Massachusetts hospital owes a legally cognizable duty of care to future patients of a doctor who was previously employed at the Massachusetts hospital and later [...]

New Jersey Supreme Court Upholds Confidentiality Of Hospital Medical Malpractice Investigative Report

October 5, 2014

In an opinion issued on September 29, 2014, the Supreme Court of New Jersey (“New Jersey Supreme Court”) sided with a hospital that claimed that its investigative memorandum into an alleged medical malpractice occurrence was a privileged document under New Jersey’s Patient Safet[...]

Georgia Nurse Midwife Malpractice Lawsuit Alleges Botched Circumcision

October 4, 2014

The mother of a now one-year-old child is suing a pediatric clinic and nurse midwife, accusing the nurse midwife of medical negligence while circumcising her son on October 3, 2013. The nurse midwife malpractice lawsuit was filed in Georgia on September 25, 2014 and alleges that the nurse midwi[...]

Louisiana Medical Malpractice Case Alleges Left Behind Surgical Sponge Led To Massive Infection

October 3, 2014

The widow of a man who suffered a serious infection following surgery because a surgical sponge was negligently left behind in his abdomen filed a Louisiana medical malpractice case on August 4, 2014 against the surgeon and others. The wife seeks unspecified compensatory damages as well as equit[...]

Arkansas Medical Malpractice Verdict For Alleged Birth Injury

October 2, 2014

It took an Arkansas medical malpractice jury only 18 minutes of deliberations before returning a defense verdict in a birth injury medical malpractice case that was tried over a 12-day period. The Arkansas medical malpractice lawsuit alleged that a newborn suffered serious and permanent brain dama[...]

Texas Medical Malpractice Case Filed For Death Due To Overdose Of Pain Medication In Hospital

October 1, 2014

A Texas medical malpractice case was re-filed last week by the family of a 35-year-old woman who died three years ago from lethal doses of pain medications administered while she was hospitalized for lower back pain. The Texas wrongful death medical malpractice plaintiff is the surviving husband, w[...]

One Dollar North Carolina Medical Malpractice Verdict

September 30, 2014

On September 25, 2014, after a seven-week medical malpractice trial, a North Carolina medical malpractice jury awarded the estate of a patient and her surviving husband only $1 against a defendant neurosurgeon whom the jury found to have been negligent in performing surgery on the woman –[...]

$20.6M Maryland Medical Malpractice Judgment Upheld

September 29, 2014

On September 25, 2014, the Court of Special Appeals of Maryland (“CSA”), in an unreported opinion, upheld a Maryland medical malpractice judgment in the amount of $20,605,000 against the defendant hospital and defendant obstetrician. The jury had returned its verdict in the amount of $2[...]

Arkansas Supreme Court Refuses To Enforce Nursing Home Arbitration Agreement

September 28, 2014

On September 11, 2014, the Supreme Court of Arkansas (“Arkansas Supreme Court”) issued its opinion in a case where an Arkansas nursing home attempted to enforce the arbitration agreement it placed in the admission documents for a nursing home resident. The nursing home attempted to comp[...]

$2M Baltimore City Lead Paint Verdict

September 27, 2014

On September 19, 2014, after a one-week trial in the Circuit Court for Baltimore City, a jury returned its verdict in excess of $2 million to a now 17-year-old who suffered permanent brain damage as a result of his exposure to lead paint in a Baltimore City rental home in which he lived with his fa[...]

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