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Kansas Senate Distrusts Its Citizens To Decide Medical Malpractice Cases

February 23, 2014

On February 19, 2014, the Kansas Senate passed Senate Bill 119 that would require that Kansas medical malpractice claims be initially filed with a three-member panel that would determine if the defendant(s) breached the applicable standard of care in rendering (or failing to render) medical care [...]

Settlement Announced For Fraudulent Medicare Billing Scheme In Maryland

February 22, 2014

On February 18, 2014, the U.S. Attorney’s Office for the District of Maryland announced that a medical billing company, its owner, and three Maryland medical practices that were clients of the medical billing company have agreed to pay a total of $3,340,979.50 to resolve claims that the medi[...]

Virginia Medical Malpractice Law Says A Fetus Is A Patient

February 21, 2014

In an opinion filed on January 10, 2014, a Virginia appellate court held that a fetus who was injured in the womb due to alleged medical malpractice is considered a “patient” and therefore her medical malpractice claim arose under Virginia’s Medical Malpractice Act, Code Sections 8[...]

Medical Malpractice Claims Involving Undiagnosed Heart Disease In Women

February 20, 2014

The Doctors Company (the largest physician-owned medical malpractice insurer in the United States) conducted a study of closed medical malpractice claims involving undiagnosed heart disease in women and found that in 61% of the medical malpractice claims, the patient died when her heart conditio[...]

$4.2M California Settlement For Dietary Supplement Injury

February 19, 2014

A 24-year-old California man recently settled his lawsuit against a dietary supplement distributor for $4,225,000 after he suffered acute liver failure and kidney failure in 2009 after using a dietary supplement. The dietary supplement had been recalled after the FDA expressed its concern that t[...]

A Case Of Medical Malpractice In Canada

February 18, 2014

On April 8, 2005, a woman had surgery in Canada to address a bladder condition. She woke up in excruciating pain that did not subside when she arrived home after the surgery. The pain was so bad that she was unable to walk on her own; she also had a fever. Over the following months, she went to [[...]

Idaho Medical Malpractice Supreme Court Decision Regarding Causation

February 17, 2014

In its lengthy opinion issued on February 14, 2014, the Supreme Court of the State of Idaho (“Idaho Supreme Court”) discussed establishing causation in Idaho medical malpractice cases where there are several potential causes of symptoms and there is insufficient scientific basis to con[...]

Kentucky Hospital Settles Unnecessary Stent Claims

February 16, 2014

The U.S. Attorney’s Office for the Eastern District of Kentucky announced on January 28, 2014 that a Kentucky hospital has agreed to pay the United States $16.5 million to resolve civil claims that it submitted fraudulent claims to Medicare and to Kentucky Medicaid programs for medically unn[...]

For Second Time In Six Months, Mississippi Federal Judge Criticizes Cap On Damages

February 15, 2014

In the December 20, 2013 written opinion issued in a Mississippi medical malpractice case filed under the Federal Torts Claims Act, a Mississippi federal judge has once again criticized Mississippi’s $500,000 cap on noneconomic damages in medical malpractice cases, quoting his written opini[...]

The Failure Of New Hampshire’s Medical Malpractice Screening Panels

February 14, 2014

In 2005, New Hampshire lawmakers created medical malpractice screening panels consisting of a doctor, a lawyer, and a retired judge who initially determine medical malpractice claims in an effort to reduce medical malpractice litigation costs and to control the rising costs of medical malprac[...]

Some Maryland Legislators Seek To Harm The Most Vulnerable Medical Malpractice Victims

February 13, 2014

A proposed law being considered by the Maryland Senate is Senate Bill 798. This Bill would harm the most vulnerable (and some of the most catastrophically injured) medical malpractice victims — babies born with birth-related neurological injuries due to medical negligence and their devasta[...]

Pennsylvania Medical Malpractice Verdict Overturned For Lack Of Proper Expert Testimony

February 12, 2014

On February 7, 2014, the Superior Court of Pennsylvania (“Superior Court”) overturned a Pennsylvania medical malpractice jury’s verdict in favor of the plaintiff. The jury had awarded damages in the amount of $365,500 to the plaintiff in her capacity as the executrix of her decea[...]

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