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New York Medical Malpractice Appeal: A Win And A Loss For The Parties

April 7, 2013

In a New York medical malpractice appeal decided on April 2, 2013 by the highest court in New York (New York Court of Appeals), the Court of Appeals stated that a new trial on damages for pain and suffering was necessary because the lower courts erred in holding that causation issues could not be[...]

$2.1 Million New York Radiology Malpractice Verdict

April 6, 2013

After almost three weeks of trial and on the second day of jury deliberations, a New York medical malpractice jury returned a verdict in the amount of nearly $2.1 million against a radiologist and in favor of a 56-year-old man whose lesion found on a CT scan of his spine in February 2008 was not p[...]

Two California Nursing Homes Cited And Fined $100,000 Each For Residents’ Deaths

April 5, 2013

On March 22, 2013, the California Department of Health fined a Lincoln, California nursing home $100,000 and issued a Class AA citation (the strongest citation) for the 2006 death of an 82-year-old stroke-victim resident who had been at the nursing home since 2006 and who died in 2011 as a resul[...]

Maryland Dental Malpractice Claim Settled For Teen’s Death

April 4, 2013

On March 28, 2011, a Maryland 17-year-old high school junior went in for dental surgery to have her wisdom teeth extracted. Her brain was deprived of oxygen during the dental surgery which resulted in the teenager suffering a severe brain injury. The 17-year-old never awoke from the anesthesia a[...]

Doctors Wrongfully Punished Their Own: Medical Society Is Successfully Sued By Its Member

April 3, 2013

On March 28, 2013, a federal judge for the United States District Court for the District of Pennsylvania denied the motion of the American Academy of Orthopaedic Surgeons/American Association of Orthopaedic Surgeons (“AAOS”) to set aside the $196,000 jury verdict against it that was[...]

Missouri House Of Representatives Passes Bill To Replace Missouri’s Common Law Regarding Medical Malpractice

April 2, 2013

In our August 1, 2012 blog, we reported on the July 31, 2012 decision (modified on September 25, 2012) of the Supreme Court of Missouri that held “that section 538.210 [Missouri’s $350,000 statutory cap on noneconomic damages] is unconstitutional to the extent that it infringes on the jur[...]

New Mexico Medical Malpractice Case Filed For Cholecystectomy Death

April 1, 2013

On March 27, 2013, the surviving daughter of a woman who died after having a laparoscopic cholecystectomy on April 23, 2010 at a Sante Fe, New Mexico hospital filed a medical malpractice case in the state District Court. The New Mexico medical malpractice claim alleges that the 68-year-old woman c[...]

Ohio Court Approves Settlement In Medical Malpractice Case Filed In 1998

March 31, 2013

On March 15, 2013, the Court of Claims of Ohio (“Court of Claims”) approved a settlement agreement between the Medical College Hospitals (“MCH”), now known as University of Toledo Health Sciences Campus, and the daughter of a woman who died in 1997, allegedly due to medical[...]

$813,000 Washington State Medical Malpractice Verdict For Amputated Foot

March 30, 2013

Earlier this week, a Spokane, Washington medical malpractice jury returned a verdict in the amount of $813,000 in favor of a woman who had to have her foot amputated due to the medical negligence of her physician. The woman’s Washington State medical malpractice lawsuit alleged that in March [...]

Maryland Appellate Court Reinstates $1.1 Million Medical Malpractice Jury Verdict

March 29, 2013

On March 21, 2013, the Court of Special Appeals of Maryland (“Court of Special Appeals”), Maryland’s intermediate appellate court, reinstated a Maryland medical malpractice jury’s verdict in the amount of $1,123,000 for a man who the jury found would have been admitted into a[...]

Affordable Care Act Will Raise Health Care Claims Costs By 32% By 2017

March 28, 2013

In a report issued by the Society of Actuaries earlier this month, researchers have concluded that the Affordable Care Act (“ACA”) will raise health care claims costs in the United States by an average of 32% by the year 2017 (assuming that all states expand Medicaid coverage). The rese[...]

Alabama Supreme Court Decision Rejects Nursing Home Arbitration Agreement

March 27, 2013

On March 22, 2013, the Supreme Court of Alabama (“Alabama Supreme Court”) issued its decision in a case contesting whether a nursing home resident’s representative (one of the daughters of the nursing home resident) bound her father’s nursing home malpractice claim to be ar[...]

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