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medicalmalpracticelawyers.com’s 5,000th Consecutive Daily Blog Posting

October 28, 2024

Yesterday we posted our 5,000th consecutive daily blog. When we first started posting daily blogs in March 2011, Barack Obama was President of the United States; a magnitude 9.1 earthquake struck off the northeast coast of Honshu on the Japan Trench causing a tsunami that disabled three nuclear reac[...]

1-In-4 For-Profit Nursing Homes Do Not Comply With Infection Preventionist Federal Requirements

October 27, 2024

In August 2024, the Department of Health and Human Services Office of Inspector General issued a report entitled “Certain For-Profit Nursing Homes May Not Have Complied With Federal Requirements Regarding the Infection Preventionist Position” in which it reported: As of July 2022, there [...]

$6.5M FTCA Medical Malpractice Verdict For Botched Gastric Sleeve Surgery

October 26, 2024

On August 23, 2024, a federal judge from the United States District Court for the Middle District of Florida awarded $6.5 million to a military spouse who suffered very serious harm due to the alleged medical negligence of a Navy surgeon who performed gastric sleeve surgery on her to manage her diab[...]

Medical Malpractice Indemnity Payments Statistics For 2013 To 2022

October 25, 2024

Fifty-two percent of paid medical malpractice claims between 2013 and 2022 alleged a procedural error. The second most common medical error alleged was a diagnostic error (30%). Diagnostic errors accounted for an average indemnity payment of $428,000; procedural errors accounted for an average indem[...]

$1,175,000 Virginia Medical Malpractice Settlement For Death Due To Misread EKG

October 24, 2024

On March 11, 2024, a Virginia medical malpractice wrongful death claim against a cardiologist who allegedly misread/misinterpreted the decedent’s EKG that was taken in the patient’s primary care physician’s office the day before, was reportedly settled for $1,175,000. The patient h[...]

$9.2M Georgia Medical Malpractice Wrongful Death Verdict Upheld

October 23, 2024

Allen Turner died due to complications from a surgery to remove a polyp from his intestines. Following his death, his daughter, Norkesia Turner, sued Dr. William Thompson; Dr. Heather Nolan; and their employer, the Medical Center of Central Georgia, for medical malpractice and wrongful death. Follo[...]

Are Medicare Advantage Plans Better Than Traditional Medicare?

October 22, 2024

Medicare Advantage is required to cover “all services that are covered by Part A and Part B of Medicare.” In other words, while Medicare Advantage insurers are permitted to offer additional benefits that are not available in Traditional Medicare, they may not deny coverage of the “basic benefi[...]

Federal Appellate Court Affirms Remand Of Medical Malpractice Case To Vermont State Court

October 22, 2024

Bruce Kelley (“Kelley”) and his spouse, Nancy Kelley, filed a medical malpractice suit in Vermont state court after Kelley was paralyzed from the waist down while residing in the Franklin County Rehabilitation Center (“FCRC”), a skilled nursing facility. The Kelleys blamed the injury[...]

Illinois Supreme Court Extends COVID-19 Immunity To Nursing Home Ordinary Negligence Claims

October 21, 2024

The Illinois Emergency Management Agency Act (“Act”) (20 ILCS 3305/7 (West 2020)) Section 21(c) states: “Any private person, firm or corporation, and any employee or agent of such person, firm or corporation, who renders assistance or advice at the request of the State, or any poli[...]

Senate Report Criticizes Private Insurers’ Medicare Advantage Plans Denial Of Access To Medical Care

October 21, 2024

On October 17, 2024, the U.S. Senate Permanent Subcommittee on Investigations issued a report entitled “Refusal of Recovery: How Medicare Advantage Insurers Have Denied Patients Access to Post-Acute Care.” Medicare Advantage is required to cover “all services that are covered by Part A[...]

Leading Causes Of Death In The United States For 2023

October 20, 2024

The three leading causes of death in 2023 were heart disease (680,909 deaths), cancer (613,331), and unintentional injury (222,518). COVID-19, listed as the underlying cause in 49,928 deaths during 2023, ranked as the 10th leading underlying cause of death (COVID-19 was the fourth leading cause of d[...]

Arizona Supreme Court Holds Expert Opinion Required In Prescription Drug Malpractice Claim

October 19, 2024

To prevail on a negligence claim concerning medical malpractice in Arizona, a plaintiff must prove that the defendant doctor failed to meet the standard of care required of a health care professional in the doctor’s field of practice. Pursuant to A.R.S. § 12-2603, a plaintiff is required to certi[...]

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