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Some Ridiculous Medical Malpractice Laws – California, Indiana, West Virginia

October 7, 2024

California – Driver’s Personal Injury Claim Against Ambulance That Rear-Ended Him Is A Medical Malpractice Claim Francisco Gutierrez was driving on Interstate 280 when he was forced to stop. Shortly after Gutierrez stopped, Tostado, who was driving an ambulance, rear-ended him. At the ti[...]

Maryland Supreme Court Applies Lex Loci Delicti Doctrine In Finding That Virginia’s Cap On Noneconomic Damages In Medical Malpractice Cases Applies To Maryland Medical Malpractice Case

October 7, 2024

In its Opinion filed on July 31, 2024, the Supreme Court of Maryland held that the Appellate Court of Maryland properly applied Virginia substantive law in accordance with the doctrine of lex loci delicti. Pursuant to that doctrine, which requires the application of the substantive law of the state [...]

88% Of New Mexico Nursing Homes Had At Least One Deficiency Finding During Surprise Inspections

October 6, 2024

New Mexico has 268 facilities that are licensed as an ALF (assisted living facilities), SNF (skilled nursing facility)/NF (nursing facility), SNF only, and/or NF. On May 17 – 19, 2024, representatives from the New Mexico Department of Health made unannounced visits to ninety- one long-term care fa[...]

Some Ridiculous Medical Malpractice Laws – Tennessee, Texas, Ohio

October 5, 2024

Tennessee In Tennessee, medical malpractice victims must prove: “(1) The recognized standard of acceptable professional practice in the profession and the specialty thereof, if any, that the defendant practices in the community in which the defendant practices or in a similar community at[...]

Report Finds State Medical Boards Failing To Protect The Public From Incompetent Physicians

October 5, 2024

A Public Citizen report released on October 1, 2024 entitled Ranking of the Rate of State Medical Boards’ Serious Disciplinary Actions, 2021-2023 examined the extent to which medical-licensing boards are taking actions to protect the public from licensed physicians who injure patients or behave in[...]

BD Agrees To Settle Majority Of Hernia Mesh Cases

October 4, 2024

BD (Becton, Dickinson and Company) (NYSE: BDX), a leading global medical technology company, announced on October 2, 2024 that it has reached an agreement to resolve the vast majority of its existing hernia litigation. Terms of the settlement agreement, which are confidential, include cases in both [...]

Michigan Supreme Court Rules Loss Of Future Earnings Not Recoverable In Wrongful Death Claims

October 4, 2024

The issue before the State of Michigan Supreme Court in a case decided on July 30, 2024 was whether the wrongful death act (WDA), MCL 600.2922, allows recovery of damages for lost future earnings absent a showing that a beneficiary is entitled to those earnings as financial support, in light of a pr[...]

Can I Sue A Dentist For Malpractice?

October 3, 2024

Dentists, like other health care professionals, are required to abide by the standard of care that applies to them, and if they deviate from the dental standard of care under the circumstances and there is harm caused by the deviation, they are liable for the injuries they cause. For example, in Mar[...]

Minnesota Appellate Court Affirms Summary Judgment For Hospital In Fall After Giving Birth Malpractice Claim

October 3, 2024

Angie M. Barsness gave birth in a hospital in December 2016. While in labor, she was given an epidural and a bolus for pain relief. A bolus involves administering a larger amount of epidural medication which increases pain relief but can lead to more numbness and less motor control of the legs. Appr[...]

How Do I Sue The VA For Medical Malpractice?

October 2, 2024

The Federal Tort Claims Act (FTCA) allows veterans and their families to file a medical malpractice claim against VA doctors and employees if their negligent care caused an injury. The Federal Tort Claims Act prescribes a uniform procedure for handling of claims against the United States, for money [...]

$35.8M Awarded In Back Wages After Investigation Found Nursing Homes Wage Theft

October 2, 2024

The U. S. Department of Labor announced on July 30, 2024 that a Pennsylvania federal court has awarded $35.8 million in overtime back wages and liquidated damages to 6,000 current and former workers employed by the operators of 15 residential skilled nursing, rehabilitation and assisted living facil[...]

Rhode Island Supreme Court Grants New Trial For Medical Malpractice Plaintiff

October 1, 2024

The plaintiff, John Armour, individually and as personal representative of the Estate of Judith Armour, appealed from the denial of his motion for a new trial following a verdict for the defendants David Bader, M.D., Neil Brandon, M.D., and South County Hospital Healthcare System d.b.a. South County[...]

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