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Michigan Appellate Court Rules Genuine Issue Whether OBGYN Was Ostensible Agent Of Hospital

January 23, 2025

In the November 19, 2024 Per Curiam of the State of Michigan Court of Appeals, the issue discussed in a medical malpractice case involving the alleged injuries suffered by a patient as a result of the alleged medical negligence of an OBGYN was whether codefendant, Dr. Alfred K. Bediako, M.D., was an[...]

Dallas Anesthesiologist Convicted Of Tampering With IV Bags Sentenced To 190 Years In Prison

January 22, 2025

On November 20, 2024, a Dallas anesthesiologist who injected dangerous drugs into patient IV bags, leading to one death and numerous cardiac emergencies, was sentenced to 190 years in prison. Raynaldo Riviera Ortiz Jr., 60, was charged by criminal complaint in September 2022 and indicted the followi[...]

Can My Doctor Fire Me?

January 21, 2025

The short answer is “yes,” a doctor may terminate a patient-physician relationship. The American Medical Association has addressed the proper patient-physician termination process in its Code of Medical Ethics: AMA Code of Medical Ethics 1.1.5 Terminating a Patient-Physician Relationship[...]

Criminal Convictions And Civil Settlements Announced In Nationwide Telemedicine Fraud Schemes

January 21, 2025

The United States Attorney for the Western District of Michigan announced on November 18, 2024 two criminal convictions and three civil settlements against a second wave of doctors who participated in nationwide telemedicine fraud schemes by ordering medically unnecessary orthotic braces and genetic[...]

Is My Doctor Responsible For Their Nurse Practitioner’s Malpractice?

January 20, 2025

In many states, nurse practitioners (NPs) are required to be supervised by physicians: however, twenty-seven states have eliminated the requirement that NPs be supervised by physicians (for example, Kansas (since 2022), New York (since 2022), and Utah (since 2023) no longer require supervision for a[...]

New Jersey Appellate Court Affirms Common Knowledge Exception Did Not Apply In Surgical Malpractice Case

January 20, 2025

The pro se medical malpractice plaintiffs in a New Jersey medical malpractice case alleged that the defendant medical professionals deviated from the standard of care by failing to postpone surgery and obtain cardiac clearance given plaintiff’s pre-existing conditions, failing to conduct perti[...]

$11 Million Dental Malpractice Verdict In Pennsylvania

January 19, 2025

On February 22, 2024, a Lancaster Pennsylvania dental malpractice jury returned its verdict in the total amount of $11 million against the defendant dentist who allegedly failed to investigate a sore on a patient’s tongue that was cancerous. The dental malpractice jury’s award included $[...]

Three Rhode Island Physicians Received Reprimands On Same Day

January 18, 2025

On November 13, 2024, the Rhode Island Department of Health (RIDOH) issued repirmands to three physicians, as follows: (1) RIDOH issued a reprimand to Todd Handel, MD following a medical malpractice settlement. According to RIDOH, “On or about January 4, 2023, a Complaint was filed against [Handel[...]

222,000 Adult Portable Bed Rails Recalled Due To Serious Entrapment And Asphyxia Hazards; One Death Reported

January 17, 2025

The U.S. Consumer Product Safety Commission (CPSC) and Home 4U, Inc., dba. Medical King, of Brooklyn, New York, announced on November 14, 2024 the recall of three models of Medical King Bed Assist Rail adult portable bed rails. The recalled bed rails pose a risk of entrapment and asphyxia because us[...]

Massachusetts Appellate Court Rules Medical Malpractice Plaintiff Cannot Keep Her Medical Records Private

January 16, 2025

After a hearing in Superior Court, a Massachusetts medical malpractice tribunal convened pursuant to G. L. c. 231, § 60B, determined that the plaintiff’s offer of proof, including an expert report, was insufficient to allow the plaintiff’s claim to go forward without posting a bond. Aft[...]

New Jersey Appellate Court Affirms Medical Malpractice Plaintiff’s Own Testimony Doomed Her Case

January 15, 2025

Plaintiff Judy Woody appealed from the trial court’s order of judgment dismissing her New Jersey medical malpractrice complaint. Plaintiff had filed a complaint against defendants Horatio Daub, M.D. and Virtua Family Medicine Center, alleging Daub deviated from the standard of care for failing[...]

UCHealth Pays $23M To Resolve Allegations Of Fraudulent Billing For Emergency Department Visits

January 14, 2025

The United States Attorney’s Office District of Colorado announced on November 12, 2024 that University of Colorado Health, known as UCHealth and headquartered in Aurora, Colorado, has agreed to pay $23 million to resolve allegations that it violated the False Claims Act in seeking and re[...]

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